(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.
The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998 Terms and other conditions of members of Sub- Divisional Committee.
“(7)5 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 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
14. The term of the office and other conditions relating thereto of the members of the Sub-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.
5 Added vide this Authority notification No. HSLA/1(5)/2000 dated 25-5-2000, published in Haryana Government Gazette (Extra) on May, 25, 2000.
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 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 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.
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.
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:
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 up Disposed of Settlement amount Taken up Disposed of Settlement amount Taken up Disposed of Settlement 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.
33. Miscellaneous:
CHAPTER-VI 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.
III
CHAPTER I Preliminary
CHAPTER—II
CHAPTER—III Other functions of the State Authority
CHAPTER IV
10. Powers & Functions of the Chairman of the District Authority
11. Secretary of the District Authority
12. Meeting of the District Authority
CHAPTER IV (1)
15. Additional functions of the Sub-Divisional Committee
16. Meetings of Sub-Divisional Committee:
17. Funds of the Sub-Divisional Legal Services Committee:
CHAPTER V LOK ADALAT
18. Procedure for organizing Lok Adalat
(2) Intimation to the State Authority.
19. Notice to the parties concerned.
20. Composition of the Lok Adalat:
21. Summoning of Records and the responsibility for its safe custody:
22. Functioning of the Lok Adalat:
23. Holding of Lok Adalat:
24. Procedure for effecting compromise or settlement at Lok Adalat:
25. Award/Order to be categorical and lucid:
26. Compilation of results:
29. Budget:
30. Maintenance of Accounts:
CHAPTER-VI MISCELLANEOUS
34. Interpretation: