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Section 2: Definitions

The Legal Service Authorities Act, 1987Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 39 of 1987

In this Act, unless the context otherwise requires,— 2 [(a) “case” includes 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;]

(b) “District Authority” means a District Legal Services Authority constituted under section 9;

3 [(bb) “High Court Legal Services Committee” means 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 organised under Chapter VI;

(e) “notification” means a notification published in the Official Gazette;

(f) “prescribed” means prescribed by rules made under this Act;

3 [(ff) “regulations” means 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;

1. 9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

2. Subs. by Act 59 of 1994, s. 2, for clause (a) (w.e.f. 29-10-1994).

3. Ins. by s. 2, ibid. (w.e.f. 29-10-1994).

4 1 [(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.

CHAPTER II THE NATIONAL LEGAL SERVICES AUTHORITY 2 [3. Constitution of the National Legal Services Authority.—(1) The Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under this Act.

(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 qualifications 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 salaries, 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 authenticated by the Member-Secretary or any other officer of the Central Authority duly authorised 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.

Where this provision sits

ActThe Legal Service Authorities Act, 1987
Section2
Marginal noteDefinitions
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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