yconfe,rnld o Publillned LEGAL S!RVICPS AIJ'.I~IIJIRI'I~ UNION TIRRITORY. CHAHDI-·" NOTD' lCAT10 ••rY~LC4!" All1ttlOr The 20th April. 998.
/ 8/$8.--1n ex rd•• of the po of the LecjJal SerY10 19S7). the Legal Serv1e Chan419arh. her y malt..
1ona. namelya- ," 628 CHD. ADMN GAZ., (EXTRA.) t APRIL 20 . t 1998 (CHTR. 30,' 1920 SAKA) .( a) •~ct • . means the Legal Services Authorities Act, 1~87(Act No.39 of 1987) as amended from time to time.
(0) '.Aided person' means a person to whom legal aid, legal advice or legal 'services have "'.. . .
been provided ina~y fo~ml
(e) 'Central Authority' means the National Legal Services Authority constituted under . Section 3 of the Legal. Services Autho~ities Act,19B7.
(d) 'Chairman' means the Chairman of the District Authority,
(e) 'Chief Justice' means the Chief Justice of the Punjab and Haryana High. Court I ..
(f) 'court' means a civil, driminal or revenue court and includes any tribunal or any . " : i . other authority constituted under any law. for the time being in force, to exercise jUdicial or quasi jUdicial functionsl
(g) 'District Authority" means the District Legal services Authority constituted under Section 9 of the Legal Services Authorities Act,19B71
(h) , Execut ive Chairman' means the EXecutive Chairman of the State AuthoritYI
(i) 'High court' means the Punjab and Haryana High Court at Chandigarhl
(j) 'Legal Practitioner' shall have the meaning as assigned to the expression in the Advocates Act, 19611
(k) 'Legal service' includes rendering of any service in the conduct of any case or other CHD~ ADMN GAZ., (EXTRA.)", APRIL 20 1998 (CHTR.30, 1920 SAKAl 629 legal proceeding before any court or other authority or Tribunal and giving of advice on any legal matterl
(1) 'Lok Adalat' means a Lok Adalat organised under Chapter VI of 'the Act of,19871
(m) 'Memb"er' means a member of the State Authority or District Authority. as the case may bel
(n) 'Member Secretary' means ,'the Member Secretary of the State Authority, ( 0 ) , Nominated mernber ' means a manber nominated to State Authority or the District "section" means a Section of the Actl
(s) Authority as the case may be;
(p) 'Patron-in-Chief' means the Chief Justice of the Punjab and H~ryana High Courtl
(q) "Rules" means the Chandigarh Legal services Authorities Rules, 1997'1
(r) "secretary" means the Secretary of ,the ,District Authorityl
(t) , "state AuthOrity", means the Legal h 'it' Union Territory. Chandigarh Services Aut or y. ' "d section 6(1) of the Act of 19877 constituted un er " ,
(u)' all other words and expressions used " i but not defined. shall have , in these Regulat ons, , , i ned to t hem in the Act and the , the meaning as ass g , Rules framed thereunder.
CHAPTER-II
3. (1) The EXecutive 1\uthority of the State Authority shall vest in the EXecutive Chairman and may be 630 CHD. ADMN GAZ., (EXTRA-.), APRIL 20 , 1998 (CHTR. 30, 1920'SAKA) exercised through the Member Secretary. who shall act under the control of the Executive Chairman,
Provided t~t the Patron-in-Chief may give such direction as he may deem necessary in r~pect of any matt er concerning the affairs of the State Authority.
(2) 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,'
Provided that the Executive chairman, through Member Secretary may give ,such q~ection as he may deem necessary in respect of any matter concerning the affairs of the District Authority.
CHAPTER III
4. ' STATE LEGAL SERVICES AUTHORITY other 'functions of the State Authority] In addition to the functions to be performed by the State Authority, as laid down by Section 7(1) and7(2)(a)(b)(c),of the Act, the' State Authority may perform such other functions~ as may be fixed in consultation with 'the Central , '.
Authority, for carrying:out schemes and programmes of promoting,th~,causeof ~egal Aid, legal literacy and'conciliation in coordinat~on with other governmental agencies, n~n-gov~rnmental voluntary i 1 vice i nstitutions, universities andsoc a ser ' other bodies engaged in the work of promot~ng legal services to"the poor., the cause of CHD. ADMN GAZ. • (EXTRA.). APRIL 20 • 1998 (CHTR. 30. 1920 SAKA) 631 Meetings of the State Authority.
(1) The. state Authority shall meet once in every three months provided that the ExeOutJye Chairraan may convene a"meetin~ of the state Authority whenever "an b iy us ness is to be
5.
transacted.
A meeting of the State Authority
(4) " shall be presided over by the EXecutive Chairman.
patron-in-Chief shall preside the meeting in plans, progr~nmes and schemeS of the state Authority shall b"e placed before the state Author ity for consideration and approval.
annual progress or performance report about the .
(2) A meetir~ of the state Authority shall ordinarily be held at Chandigarh. However.
it may be held at such other pl~ce. as may be dir~ted 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, case he is present.
(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. However. an emergent . meeting'may be convened by the Member Secretary in accordance with the direction of the 'EXecutive Chairman on short notice.
632 CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920'SAKA)
(7) The State Authority may regulat~ its own proced~e.
(8) One or more persons, who are engaged or interested in the upliftment of the weaker' sections of the Society, who are considered suitably by the Executive Chairman, may be' invited for any meeting in order to seek their views, cooperat ion 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 and all pOlicy matters or any specific matter as, may be directed by the Executive Chairman, shall".
be placed before the State Authority for considera tion and decision.
(10) All the decisions of the State Au,thority shall be taken by the majority of votes of Members present and in case of tie, the person presiding over the meeting shall have a casting votel
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 ~egister to be maintained ,for the purp~se.
(12) The non-official members shall be entitled to payment of travelling allowance ,and '. '. ' .
CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998' (CHTR. 30; 1920 SAKA) 633 • I ..'."'. .
daily allowanoe in respect of journeys performed in connection with'th,e work of the s't~te :Author~ty ',1 \. ' at the rates admissible to a Clasa-I officer of..
, ' the State Government.
6. (,1 >, The Exedutiv~ Chairman, shall be, competent to take all decisions as may be req~ired on behalf of the State Authority., " , (~~.Legal Aid. Legal Advice or other, legal se,rvi7esmay be provided by, the Executive Chairman ,'to any person directly in respect of: any matter before any court in the Union Territory, Chand1g~rh... .-~ " . ,.
(3) Executive Chairman may review,the cases where' legal serVices have been refused by the District' Authority.
7. Funds of the State Authority shall " compr'ise of State Legal Aid Fund as per section i6(l)' oit-he Act and shall further bes-
(1) all 'such amounts as received by way of costs, charges and expenses recovered from the .
persons 'to whom legal service is provided or from the opposite party., Funds of the State Authority.
(2) all ~he amounts credited to the State Legal Aid Fund ~hall ~e deposited in a Nationalised Bank.
EXplanatio~--- In this Sub-regulation "Nationalised 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.
following functions. mamely.- 631 CII!). AOMN GAZ., (EXTRA.), APRIL 20 , 1996 (CH'l'R. 30, 1920 SAKA) ( 3) For tho purpoD of m otinQ inaidontl.lJ.
minor ahorqoD, ouch' 00 oourt fo , otnrnp" and oxpona!tur~ n o'oeary for obtQinin9 CopiOD of <tooum nt and contingont exponditure,Gtc., I) permanont advanoo of rupo0o three thowsand 8M!!
be plaood at the dlepoeal of the Member Secretary of the State Authority.
(4) All expenditure neaCB8Qry for carrying out the various functions of the State Authority including expenses required for meetings shnl! be incurred out of the funds of the state Authority.
with the approval of the Member Secretary of the State Authority.
Provided that for an expensf!. of more than Rs.5.000/-. approval of the EXecutive Chairman shall be taken.
(5) The Member Secretary shall have the .
acoounts 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.
CHAPTER-IV DISTRICT LEGAL SERVIC~ AUTHORITY Other functions of the District AuthoritY1 other functions ofa. The District Authority, besides functions the Dist r ict AuthOrity. specified in Section 10. shall perform the., ." .• J
(1) give legal service within the District to persons who satisfy the criteria laid down under the Actl 635 - ADMN GAZ -. (EXTRA._). APRIL 20 • 1998 (CHTR. 30. 1920 SAltA) .
I. .(2) ~ndUct legal litera~ -~ camps in 1liferent ~rts of the Distri . e:t with a view to :ransmitting knowledge about th .
e legal aid Ichemes conducted.in the St ate or with a viev ~o spreading consciousness abo . ut the legal rights md duties of citizens wJ.t:hI special references - :0 rural population women _'-4 , , ~u.ldren, disabled, randiCJlPped and the Weaker sections of the SocietYI administer and .implement the(3)I legal services progrartrne in eo far as it relates fO !:~ courts wJ.thin the D.1.strict and for th.1.s . , .
purpose, 'take all such steps as may be necessary land to act in a~c:ordance with the directions I isSUed b~ the Central AUthority or the State Authority from t.!.me to t .!.mel .
,
(4) conduct legal aid clinics .in , different parts of the D1str.1.ct in collaboration , with .Law Colleges. Un.1.vers1t.1.es and other social' I service organisationsl ( 5 ) prepare and submit returns, reports I and statistical .1.nformation in regard to the I' legal serv.1.ces progr~~ to the. state. AuthoritYI and they' '='-; . ~);.(, Terms of,'office and other condit.1.ons .' .
Terms and other . - conditions of . Meinbers of t.he District Authority_ 636 CHD. ADMN GAZ., (EXTRA.), APRIL 20 1998 (CHTR. 30, 1920SAKA) --
(2) 'A member of the District Authority nominated under clause(B) 'of rule 13, maybe removed by t he stat e Government, . if--- fa) he· fails, 'without sufficieIlt cause, to attend three consecutive meetings of the Distric::t. ~uthority or· five meetings held" within the span of two years,1 or
(b) has been· adjudged as insolventlor . (c) has been convicted of an offence which in the opinion of the State Authority involves moral turpitudel or
(d) has beco~e physically or m,entally incapable of acting as a memberl or ( e) has so abused' his position as to I ' . .
render his continuance in the District, Authority pre":' jUdicial to the pUblic interest.
( 3) Notwithstanding anything contained in subr :regulation (2), Ql> member shall be removed 1 , from the District Authority on the grounds specified therein without ~onsulting the Chief Justice of , .' .
be member of the District Authority for any the High Co~. , \ 1 \ , , I If a,ny nominated member ceases to''" ,( 5) .. ;
reason, the vacancy shall be filled up,in the
(4) A member may, by writing under his hand addressed to the Chairman, resign from the District Authority an4 such resignation. shall take effeo~ on the expiry of a.period of '30 days from the date of tendering .resignation. .
CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920 SAKA) ·637 manner and from the source f.rom which the, same.
was originally fille~ under clause(S) of rule 13.
(6) ,All nominated members shall be , .
entitled to payment of travelling allowance and daily allowan~e.in respect of journeys performed in co~ect.ion 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 State Government as amended from time to time.
(7) The ex-officio members shal~ be entitled to rravelling allowance and daily allowEince from the Authority.· and implementation of the 'programme of the State Authority and that of the District Authorfry.
Authority The Chairman of the District10. ( 1) Powers and· Funct ions of shall be overall in-charge of administrationthe Chairman· ,of the District Authority.
(2) The Chairman shall call meet ings of the District Authority convened through the s~retary.of· the'· District Authority atleast once in a period of·· three months.
(3) The Chairman shall preside over the meeting of the'District Authority.
I; (4) The Chairman shall have all the residuary powers of the Authority.
.. section( 3) of ·Sect:1on 9 of the Act shall be the. , -. .
pr~ncipal Officer of the District Auth~r1ty. He shall be paid RS.SOO/- as honorarium or at such
11. (1) The Secretary appointed under sub- Secretary of the District Authority• , :
638 CHD. ADMN GAZ., (EXTRA.), APRIL. 20 , ,1998 (CHTR~ 30, 1920 SAJ{A) -), rate as may be determined by the Executive Chairm~n 'of the State Authority and h'eshali be the custodian of all assets, accounts~ 'records and , 'funds at the disposal of the District Authority, and ail other 'necessary records. ' '
(2) , The s~cretary 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 meetitigs •• I" of the District' Authority with the previous approval of the Chairman of the District Authorit·y and be, ' shall also' attend meetings a~d;responsible for maintaining'a record of the minutes of the proceedings of, the m,eeting. ' Meetings of the 12. ( 1) The pistrict AU~hority shall m,eet' DistrietAuthority.
atleast once in three months on such dat~s and . .
at such place as the Chair~a~ of the District Authority may direct.
(2) , A meeting of ,the District Authority shall' be presid~ over by the ,Chairman, ,and-, in .
his absence by the Addl.District an~Sessions Judge-I.
(3) The minutes 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 Chairm~n.
( 5) All questions which come up before any meeting of the District Authority, shall carrying '.
Funds of the Distriet AuthorJ.t. y.
f ·D1l.tz~ict he id Authority of and the Banking sfer of - In this sub-regulation B.pkM means corresponding 1n the· Banking to the District be deposited in a District Aut.hority shall Legal Aid Fund as, per e Act. and shall further beaand expenses recovered from whom legal service ie provided ollien amounts as received by way Au1:.hcr y 640 A) APRIL 20 , 1998 (CHTR~ 30,,1920 SAKA)CHD. ADMN GAZ., (EXTR • , Authority including expenditureneces8~ryfor 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 utilised 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 the 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 to 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.
CHAPTER V Prooedure for or9an1s1ng Lok Malat.
Lok Adalat
14. The secretary of the District Authority shall convene and'organise Lok Adalata'at regular intervals or on suoh dates, as may be directed by the State AuthoritYI
Provided that. in order to ooordinate the hold~n9s of Lok Adalats. Member Secretary of the Authority may, with the approval of the ( CHD. ADMN GAZ., (EXTRA.'), APR lL 20 • 1998 (CWfH. 30, l?iW VAKA) 641 Exeoutivo ChlJirman, proparo a' qunrt rly root r' for holding Lok AdalQtD Qt Oi triot 1 v land circulate the oama.
15. The Seorotory of the District Authority shall inform tho Stnto Authority lJbout th proposal to organise the Lok Ado lot well before 'the date on which the Lok Aclalat ia proposed to'be organised.
Intim tlon to tha BtlJto Authority.
convening and organising the Lok Adalat ahall info~ every litigant and his counsel, whose case is referred to the Lok Adalat, well in time so as to afford him, an opportunity to
16. The Secretary of the Di8trict Authority Notice to the Porties concerned.
prepare himself for the Lok Adalat.
17., The Chairman of the High Co~t Legal Services. Committee shall constitute Benches of the Lok Adalats. Each'bench shall comprise of any two or three of the following, namely:-
(1) a serving or retired JUdge of the High Court or any other retired Judicial Officer not below the rank of District .:JUdge;
(ii) Member secretary/secretary of the High Court Legal Services Committee;
(iii) a member of the legal profession having not less than 10 years of practicer
(iv) a local social worker of repute who is engaged in the up1iftment of the weaker sections of the soCiety.
composition of the Lok Adalat at High Court 'Lt:NQl. .
642 CHD. ADMN GAZ., (EXTRA.), APRIL 20·,. 1998 (CHTR. 30. 1920'SAKA) Authority shalt constitute Benches of the Lok , Adalats, each Bench comprising two or thre~f the following, nmnely:- Composition of the Lok Adalat at District Lovel.
18. The Member Secretary of the State '.- (i) Member Secretary/S ecretary I Expenditure for t.he Lok Adala't. 19. The expenditure incurred for organising a Lok Adalat shall not exceed·Rs.SOOO/-(Rupees Five thousand only). The expenditure incurred for publicity Food etc. will be ascertained keeping in view the public gathered at the Lok Adalat. The decision of the Executive Chairman in this regard shall be final.
Summoning of records 20. (1) The Secretary of the District end t.he responsibi- ~~;~o~~~ its §afe Authority may call fo~ 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-l~tigation stage, the version of each party shall be obtained by the Secretary of the District Authority, to be placed before the Lok Adalat.
(3) The Secretary of the District Authority shall be respons,1ble for the safe CHD. ADMN GAZ.. (EXTRA.), APRIL- 20 _. 9 1 98 (CHTR. 30. 1920 SAKA) 643 custody of the records from the time he receives it from the court till i ts return.
(4) cooperate in Each ,JUdicial authority shall the 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.
21. (1) The Secretary of the District Authority 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 may prepare a caUSe l'ist for each Bench of the Lok Adalat and the same shall be duly notified to all concerned.
( 3) EVery Bench of the Lok Adalat shall make sincere efforts to bring about a conciliatory settl~ent 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 tak~ up, hear or dispose of any case/cases on that day, ~t may be, in its discretion, take up such case/cases on the ,next day or on any such subsequent day as may be convenient, ~nder 1ntima~ion to the'seoretary/c~airmanof the committee/Authority conoerned. In that case, Funct ieining of the Lok Adalat.
644 CHD. ADMN GAZ., (EXTRA.), APRIL 20,1998 (CHTR. 30, 1920 SAKA) Judicial Record. may be kept with the 'permission of the COurt concerned., Holding of Lok Malat.
Lok Malat may be organised at such t.1me and place, on Saturdays, as the State Authority/ District Authority, organising the Lok Adalat deems appropriate.
Bench if he is a retired JUdicial Officer and Remunerat ion to the 23.
Judge and Members of the Lok Adalat.
(1) The JUdge of the Lok Adalat 'other members shal~ be provided with conveyance or conveyance allowance as per actual fares to and fro journey between their residence and the place of Lok Adalat.
(2) (i) The Presiding Officer of the Lok Adalats held at High Court Level who is not be a sitting JUdge shall also/entitled! to honorarium at such rates as may be determined by the Chairman of the High Court Committee, but not exceeding Rs.SO/- per case decided and Subject to a maximum of RS.SOO/- per day or as may be revised by the Executive Chairman from time to time.
'.
(ii)The other members of the Lok Adalat held at High Court level shall be entitled·to honorarium at such rates as may be determined by the Chairman of the High court Committee but not exceeding Rs.45/- per case decided and subject to a maximum of Rs.300/ per day or as may be revised by the Executive Chairman from time to time.
CHD. ADMN GAZ., (EXT~A.), APRIL 20 , 1998 (CHTR. 30, 1920 SAKA) 645 (ii:i)The Presiding Officer of the Lok- Adalats h lde at District Level who is I not a sitting Judge shall also be entitled to honorarium at such r- ta es as may be determined by the Chairman of the High Court Committee, but not exc edie ng Rs.SO/- per case decided and subject to a maximum of Rs.SOO/- per day or as may be revised by the EXecutive Chairman I from time to 1mt e.
(~v)The other members of the LoK Adalat held at District Court Level shall be entitled to honorarium at such rates as may Award/order to be cat egorical and lucid.
Procedure for effecting compro mise or settlement at Lok Adalat'.
25. (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
24. (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 record 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.
be determined by the Chairman of the High court conunittee but not exceeding Rs.4S/ per case decided and subject to a maximum of RS.300/- per day or as may be revised by the -Executive chairman from time to time.
courts or in English.
646 CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 19,98 (CHTR. 30, 1920 SAKA)
(2) The' parties to be. disput e shall be required to affix their signatures or th~ impression as the case may be' on t.~e statements/ compromis e recorded by or placed be£ore the Lok Malat.
(3) The Award of the Lok Adalat shall be based upon t~e statement of the parties to be compromised duly recorded by it.- - Compilation of 26.
results•.
At the conclusion' of the Sessions of the Lok Adalat. the Secretary of the District Authority shall compile the results in the Annexed proforma for Submission to t.he State Authority•.
27. Procedure for maint~ining record of cases referred under Section 20 of the Act or otherwise:-
(1) The Secretary of the District Authority shall maintain a Register wherein all tpe cases received by him by way of r.eference to the Lok Adalat shall be entered giving particulars of the=-
(i) Date of receiptl
(ii) Category and subject-wise nature of the easel
(iii) such other particulars as may be deemed necessary/' and
(iv) Date of settlement and return of the case file.l
(2) When the case is ~inally disposed of by the Lok Adalat, an appropriate entry will be made in the register.
CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (C.HTR.•, .~O, 1920 SAKA) 647
28. The expenditure for Lok Adalats BUdget.
organised by the District Authority shall be met out of District Legal Aid Fund. The state Authority, may also make grants out of the state Legal Aid Fund to the District Authorities for this object.
29. {l}The Chairman of the District Authority Maint,enance of AccountS.
shall exercise compiete and full control over the expenditure to. be incurred on the Lok Adalats. "
(2) The Secretary of the District Authority, shall render true and proper accounts to the State Authority every quarter.
(3) The Secretary of the District Authority shall forward the report after the Lok Adalat is organised in the following proformaa- PROFORMA For Disposal of cases in Lok Adalat.
Sr. No. Name of Date of No. of cases diSposed of place holding Civil Claims Criminal of Lok Adalat.
(1) (2) (3) (4 ) (5) (6) Total ..
648 CHD. ADMN GAZ •• (EXTRA.). APRIL 20 • 1998 (CHTR. 30, ,1920 SAKA) of the Act, the Lok AdalatB in the High Court' shall be conducted in the manner as may be evolved by the , .
Executive Chairman of the ~tate Authorities of punjab.
Haryana, Union Territory, Chandigarh and the Chairman of High Court Legal Services Committee.
Lok Adalats. 31. (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. The State Authority may sanction monetary aid to the applicants as fee of Advocates. to the extent as provided for in the schedule of Regulations.
( 3) Every Bench of the Lok Adalat may evolve its own procedure for conducting the proceedings before 'it and shall not 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.
STATE LEGAL SERVICES AUTHORITY,UNION TERRITORY, REGULATIONS:
SCHEDULE (See Regulation 31(2) High Court Legal Services Committee Minimum. Maximum writ petition in the High Court •••••·.
Writ Appeal in t lJ,e High Court Letters Patent Appeal Second Appeal in the High Court First Appeal in the High Court Civil Miscellaneous Appeal Civil Revision Petition • • • • 1500.00 • • • • • •
2000.00 Criminal Appeal& CriminalRevision•• :.
Criminal Misc. Applications. ' cHD. ADMN GAZ., (EXTRA.); APRIL 20 ~ ,1998 (CHTR. 30, 1920 SAKA) A list of, panel of lawyers for conducting , . "It ' ' cases at District Court Level and also at High Court, Level as may be approved by the Executive Chairman shall be maintained by the Authority.
No separate fees is payable for miscellaneous petitiQns" interlocutory applications or any other kind of application filed or contested in the case for which the engagement is made.
649
CHAPTER-VI All notifications. regulations and orders made by the State Government ~ill be valid unless they.are inqonsistent with Act, Rules made thereunder and ,these regulations.
33. If any question arises as to the interpretation of thesetregulations. the decision of the, ' EXecutive Chairman of the State Authority shall l1iscellaneous.
lnt erpretat ion.
be final.
No. SLSA/98/59.--In exercise of the powers conferred by sections 8-A and 29-A'of the Legal'services' Authorities Act, 1987 (Act No. 39 of 1987) the State Legal Services Authority.
union Territory. Chandigarh. hereby'makes the following regulations namelyl REGULATICNS
CHAPTER-1 Preliminary Legal
(l)' These regulations may be called the High court servioes committee Regulatio~8, 1~98.
12) They shall oome into force with effect from the date of their p~lio~tion in the Offioial Gazette.
Short. title ext, ent and conmen cement 650 CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920 SAKA) Oeflnatlone2. In these regulatlonsp unleDe the context otherwise requl.resl-
(a) ·Act" meane the Legal Services Authorities ACt.
1987 (Act No 39 of 1987) as amended from time to time.
(b) "Aided persona 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 of Punjab and Haryana1
(d) "Chairman" means the Chairman of the High court Legal services committee1
(e) "Committee" means the High court Legal servic~s Corran1tteel
(f) "Central Authority" means the National- Legal services Authority constituted under Section 3 of the Legal :Services Authorities Act. 19871
(g) "High court" means the High Court of Punjab and Haryana at chandigarhl
(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 9 iving of advice on any legal matterl
(1) "Lok Adalat" means a lok Malat organised by the Hlqh court under ChaPter VI of the ~t of 1987,
(j) ·Member~ means a member of the COnvnittee,
(k) "Rules" mean the chandigarh Legal Services Authorities Rules, 1997,
(1) "Seer tary· means th Seer tary of the High Court Looal services committee, em) "Section" me n9 a S ction of th Act' CHp. ADMN GAZ •• (EXTRA.), APRIL 20 , 1998 (CHTR. 30,1920 SAKA) 651
(n) ·state Authority" ~ans State Legal services Authority constituted under Section 6 ~f the Act of 1987.
CHAPl'ER-II
3. (1) The Corrmittee shall consist of the '~he ex-officio members namely.-
(a) Advocate General. Punjab•.
. Members of the following High court Legal services committee Advocate General. H~ryana.
.. .
cha1rman. Bar council for the states of Punjab and Haryana.
(d) President•.. High court Bar Association" chandigarh.
(2) The Chief Justice may nominate other members not exceeding five • from amongst the persons possessing the experience and qualifications specified in subregulation (3 ) 1 (31 A person shall not be qualified for nomination as a member. unless he iSI
(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 labourl
(b) an eminent person in the field of law or Public administ~ationl Or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes', 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-nominat1on.
Term of office and other conditions of the merrber8 652 CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920'SAKA)
(2)" A member nominated tinder sub-regulation
(2) of regulation 3 may be removed by the Chief Justice.
if hel- t
(a) fails, without sufficient cause to attend three' consecutive meetings 0; the comrndtteel
(b) has been adjudged as.insolvent1
(c) has been. convicted of an offence' which in the opinion of the Chief Justice invo~ves moral turpitude1 (d') has become physically or mentally incapable of acting as a member1 or Ce) has, in the opinion of' the Chie£ JUstice so abused his position as tOfender his continuance as member prejUdicial to the public·interest1 'Provided 'that no member shall be rerroved from the Committee under clauses Ca) , Cd) 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 subregulation
(2) of regulation 3 cease~ to be a mamber for any reason the vacancy shall be filled up in the manner Provided inthe regulations for the residue of the term of the person in whose place he"ia 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 I I I CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920 SAKA) 653 allowance in r.espect of jo'urneys R~rformedl in connection with the' work of the'Committee in ac~ordance . with the rules 'applicable to Class-I officers of the , High court.
s. Subject to the general superintendence Functions of the committeeand control of the State Authority. the High court committee 'shall exercise the following fun'ctions namelyl-
(1) It shall be the duty of the committee to give effect to such policies. programmes and schemes of Legal Aid, Legal Advice and Legal Services as may be formulated andreq~ired by the Central Authority and the State Authority_ ' (2') The committee shall perform all or any of the following functions. namely 1-
(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 caseS1
(b) organise and conduct Lok Adalate for High court cases1 and
(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 tiine by the state Authority.
6. '1 ) 'the Secretary of the aforesaid Committee will be paid honorarium of Rs- 1.000/-' per month or such aJlW:)unt as may be fixed by the Chairman for the performances of the functions and disoharOe of the duties as seoretary.
secretary of the COnm1ttee.
654 CHP. ADMN GAZ., (EXTRA.), APRIL 2.0 , 1998 (CHTR. 30, 1920 SAKA)
(2) .The Secretary 'of the committee shall. be the P.rinc1pal officer of the Committee and shalll,-
(a) be the custodian of all the assets.
accounts. record and funds of the committee and shall work under the supervision and direction of the Chairmanl
(b) maintain or cause to be maintained true· and proper accounts'of receipts and disbursements of funds of the Committee. in such form and in such manner as may be sPecified by the~tate AuthoritYI
(c) exercise such powers and perform such functions and discharge suah duties as may ;be assigned to him by the Chairman I and Cd) perform all other acts as may be expedient and necessary for efficient and proper performance of functions and dischai['ge duties of the committee.
) Transaction of 7.
business of the ~committee. I once I :such
(1) The committee shall ordinarily meet in every three months. on such date and at 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 s~cific 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 decioionl Cc) A meeting of the committee'shall be presided over by the Chairman.
110. AUMN (IAz., (lr.XTItA.), "PUlL 7.0 , J??fl (CII'fR, "0, 1920 BAt:A) f V
(1) Th flu ruJ'll.o n rnootino hall b nolud ng tl eh iCRum_ () ror ov y mo ting ot th committoo, t 1 ft t two w okn notioo ohnll bo givon to tho m nib L"O to attend th mo tingl howevor 411 mcrgont me tinO ~y bo convened by tho SocretAry, in aooord no with th diroction of tho ChaiclTIlln.
on ahort notiacH nnd
(f) In reopect of emergent matters.
tho Chairman may oxercioo the powers and perform the functions and discharge the duties of the committeo. All suah matters shall however be placed before tho committee for its approval.
(3) The cornmtttee shall regulate ita own procedure under the direction of the .~tate Authority_ '"
(4) All questions at the meetiOQs of the committee shall be decided by a majority of votes of the members preoent and in case of tie. the Chairman or the person presiding over the meeting. shall have a oasting vote.
(5) The minutes of the proceedings of each meeting ahall be truly and faithfully maintained by the Secretary- A oopy of the minutes shall. as soon a., may be aft r bh rMeting. b forward d to h Henboc. S cretari s of th st t AU ho iti 8 of Punjab.
~aryana and Union Territory of eh ndig eh.
In this sub-regulation means. corresponding new Bank 656 CHD. ADMN GAZ •• (EXTRA.). APRIL 20 • 1998 (CHTR. 30, 1920 SAKA).
8. FUnds. audit and .acco~nts of the committees
(1) The Committee shall .maintain a fund to be called the High court Legal Services committee Fund to which shall be creditedl-
(a) such amount as may be allocated and granted to it by the State Authorities of the Punjab.
Haryana and Union Territory of chandigarh as per the apportionment made by the Hon'ble chief Justice in oonsultation with the Executive chairman of the State Authorities of the Punjab. Haryana and Union Territory of chandigarho
(b) all such arrounts as received by the committee by way of donationsl costs. charges and expenses recovered from the persons to whom legal service is provided or from the opposite partyo
(2) All the amounts credited to the said Fund shall be deposited in a National Bank.
Explanation "Nationalised Bank" i d inhhe Banking companies (Acquisition as def ne :j f of undertakings)Act. 1970 and the and Trans er . .
i ( ....,.,uiiition and Transfer of Banking compan es ~~ undertakings) Act. 1980.
(3) fo~ the PUrpose of meeting incidenta~ ~ ouch as cour.t fee. stamps and expenditure minor charge.
necessary for obtaining copies of documents etc•• a t 0 thousand five hundred permanent adVance of Rupees W at thn dioposal of the secretary of shall be placed ....
the committee.
C~D. ,ADMN GAZ., (EXTRA) APRI• " , ,L 20 ,,1998 (CHTR. 30,,,1920 SAKA) 657 All expenditure on lega,l service.
acconvnodation and staff of th mmi', .. ',.. -' "',', e ao ,t.tee as also expenditure nece f ' ".seary or ca~ryingout the various functions of the committ~e shall b'e" incurred out of- . . .
the funds of the committee with the prior approval of the Chairman.
(S) The funds of the commit.t~e may be utilised for-~eeting'the expenses ino~redon or incidental to j ourneys ~d~rtaken 'by the Chairma~ or ' , '.
by 'virtue' ot th~ir respective 'offic~s.
(6) ',' The secretary of the cormdttee shall operate the bank accounts of .the committee in accordance with '(, ,."
the directions of the Chairman.
(7) The committee shall maintain reqular '" accounts of receipts and disbursement of income and exPenditure ~d submit annual,' r~turns to state Authorities of punjab.Haryana and Union Territory of Chand!qar h • The account shall be subject to audit as per section 18 of the Act.
8. Special provision regarding Legal services
(1) There being one High Court for the j _"'" H~~an~ and Union Territory of states of ~ 4U. ~~o.1i h court Leqal services COJm\itte e Chandigarh~ one n 9 , , ' cour t at. Punjab and H~~a shall be for the aigb constituted.
s~cretan shall- 'be' such t.o' which they are entitled" ;' ." • ", ".11"" to t.he - chairman. the ex~officio members" and the , .
ot.her rnenbers of the committee or the secretary in connection with legal services activities. The travelUnq allowa.nc~ arid dearness, al1o,wance payable. ~ . . . ; .' .'
" 658 CHD.ADMNGAZ •• (EXTRA'~')'. APRIL 20 • 1998 '(CHTR. 3'0. 1920 SAKA) "
9. Miscellaneous , . ... ~ '.
All notifications. regulations and or~ers made\b~' thest~te Government. will b~'valid ~less they are inconsistent with Act. Rules made thereunder and these regulations.
10. Interpretation If~y question arises as to the interpretation of. these regulations. the decision of the Executive Chairman of the state Authority shall be final • . '" ..
NO.SLSA~98/6l:- , .- ~n exercis~ 9f the powers cOnf~rrE!!d' , by section 8-A of the'Legal Services Authorities Act,1987 (Central Act_39 of 1987), the State Authority, Union Territory, Chandigarh·· in consultat ion· with the Chief Justice cf,.the.High Cqurt of Punjab and.Hary~ma at " , chandigarh. hereby constitutes High Court Legal Services Committee consisting ,of the fOllQwing ,off,iqia1.and non official members to exercise the powers' and perform the functions conferred on, or assigned tO,it Under t~e said Act:- '. .
Hon'ble Mr.Justice N.K.Sodhi Chairman Ex-Officio Members:
1. Shri K.K.Garg, Registrar General, Punjab & Secretary Haryana High Court, Chandigarh.
(2) Advocate General, Punjab
(3) Advocate General, Haryana
(4) Chairman, Bar Council for the States of Punjab & Haryana.
(5) , President' ,High Court, Bar .. Associat'ion, Chandigarh.
(6) Ms. Narinder Sandhu.
House No.98, Sector-8,Chd.
·(7) Mrs. Oshima Raikhy, .
House, ~O.30~6, Sec.28-D,Chd.
(8) Mrs. Rewa Gandhi, House No.62, Sec.2, Chd.
Member Member' Member Member Member Member Hember CHD. ADMN GAZ., (EXTRA.), APRIL 20 , 1998 (CHTR. 30, 1920 SAKA) 659 ~
(9)
(10) Dr. Balram Gupta, House No.730, Sec.l1,Chd.
She S. S. Goindi, Director, Gandhi Samark Bhawan, Chandigarh.
Member Member The terms and conditions will be as per the provisions of Chandigarh Legal Services Authorities Rules, 1997.
State S .K.SARDANA.
Member Secretary, Legal Services Authority.
union Territory,Chandigarh.