(a) in the event of it being found thai the aided person was possessed of sufficient means or that he obtained legal service by misrepresentation or fraud;
(b) in the event of any material change in the circumstances of the aided person;
(c) in the event of any misconducl, misdemeanor or negligence on the pari of the aided person in the course of receiving legal service;
(d) in the event of the aided person not co-operating with the Committee or with the legal service advocate assigned by the Committee;
(e) in the event of the aided person engaging a legal practitioner other than the one assigned by the Commiltee;
(f) in the event of death of the aided person, except in the case of civil proceedings where lhe right or liability survives;
(g) in the event of lhe application for legal service or the mailer in question is found to he an abuse of the process of law or of legal services:
Provided thai legal service shall not be withdrawn without giving due notice thereof to the aided person or to his legal representatives in the event of his death, lo show causes as lo why the legal service should not be withdrawn.
1 Omitted by G.S.R. 150 (E>, dated 22nd February, 2000 (w.r.l. 22-2-2000).
56 The Supreme Court Legal Services Committee Regulations, 1996 [Reg. 18
(2) Where the legal services are w i thd rawn on Ihe g r o u n d s set out in clause
(a) of sub- regu la t ion (1) above, the Commit tee shall b e entitled to recover from the a ided person the a m o u n t of legal service granted t o h im.
AFFIDAVIT I aged about years, son of/ daughter of/ wife of Shri Resident of do hereby solemnly affirm and state as under:—
1. (a) 1 belong lo a member of a Scheduled Castes/Scheduled Tribes.
(b) I am a victim of trafficking in human being or a beggar.
(c> I am eligible for legal service as 1 am a woman/child.
(d) I am a mentally ill or otherwise disabled personte) I am a person under circumstances of undeserved want being a victim of a mass disaster, ethnic violence, caste Atrocity, flood, drought, earthquake or industrial disaster.
(f) 1 am an industrial workman.
(g> 1 am in custody.
(h) My annual income from all soucces is below Rs. 18,000/ (rupees eighteen thousand only).
(DHete whatever is not applicable)
2. I shall comply with any requisition and direction that may be made by the Secretary or any of the members of the Supreme Court Legal Services Committee.
,3. I shall furnish full and true information ol all facts of my case to the legal service advocate to be provided by the Committee.
4. 1 seek to approach the Honourable Supreme Court of India—
(a) in appeal from the Judgment of in
(b) in writ jurisdiction for (Delete whatever is not applicable) i r .«] 2[5.] I agree that my case be listed before Lok Adalat in Honourable Supreme Court.
if at any stage it is considered by the Committee that my matter can be reconciled or settled through Lok Adalat.
DEPONENT Verification I, Shri/Shrimati/Kumari the above named Deponent do hereby verify that the contents of the Pargraphs 1 to 4 are true and correct to my knowledge, nothing stated therein is false and nothing has been concealed.
Verifed on this day of 20 at DEPONENT
1. Omitted by GSR. 150 (E), dated 22nd February, 2000 (w.e.f. 22-2-2000).
2. Re-niLmbered by GS.R. 150 (EJ, dated 22nd February, 2000 (w.e.f. 22-2-2000).
THE SUPREME COURT LEGAL SERVICES COMMITTEE RULES, 20001 In exercise of the pozvers conferred by section 27 of the lj>$al Services Authorities Act, 1987 (39 of 1987), the Central Government in consultation with Chief fustic* of India, hereby makes the following rules, namely:—
1. Short title and commencement.—(1) these rules may be called the Supreme Court Legal Services Committee Rules, 2000.
(2) They shall come into force on the date of their publication in the Gazette of India.
2. Definitions.—In these rules unless the context otherwise requires
(a) "Act" means the Legal Services Authorities Act, 1987 (39 ol 1987);
(b) "Member" means the Members of the Supreme Court Legal Services Committee nominated under clause (b) of sub-section (2) of section 3A of the Act;
(c) "Secretary" means the Secretary of the Supreme Court Legal Services Committee appointed uner sub-section (3) of section 3A ot the Act;
(d) all other words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.
3. The number, experience and qualifications of Members of the Supreme Court Legal Services Committee under clause (b) of sub-section (21 of section
3A.—(1) The Supreme Court Legal Services Committee shall consist of not more than nine Members.
(2) The following shall be the ex offico Members of the Supreme Court Legal Services Committee:—
(i) Attorney General of India;
(ii) Additional Secretary in the Department of legal Affairs, Ministry of Law, Justice and Company Affairs, Government of India or his nominee;
(iii) Additonal Secretary in the Department of Hxpenditure, Ministry of Finance, Government of India or his nominee; and
(iv) Registrar General of the Supreme Court ot India.
(3) The Chief justice of India may nominate other Members from amongst those possessing the qualification and experience prescribed in sub-rule (4) of the rules.
(4) A person shall not be qualified for nomination as a Member unless he is—
(a) an eminent person in the field of law; or
(b) a person of repute who is specially interested in the implementation of the Legal Services Schemes; or
(c) an eminent social worker who is engaged in the upliftnient of the weaker sections of the society including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour.
1. Vide G.S.R- 5S2 (E>, dated 3rd July, 2000, published in the Gazette of India, Extra.. 1*1. II. Sec 3 (i>, dated 3rd July, 2000.
57 58 The Supreme Court Legal Services Committee Rules. 2000 [Rule 4
4. The experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section (3) of section 3A-—A person shall not be qualified for appointment as Secretary unless he is—
(a) an officer of the Supreme Court Registry not below the rank of Joint Registrar; or
(b) an officer of the rank of Director in the Central Government and possessing a degree in Law.
5. The number of officers and other employees of the Supreme Court Legal Services Committee under sub-section (5) of section 3A.—The Supreme Court Legal Services Commitiee shall have such number of officers and oilier employees for rendering secretarial assistance and for ils day-do-day functions as are set out in the Schedule to Ihese rules or as may be nolified by the Central Goernment from time to time.
6. The conditions of service and the salary and allowances payable to the officers and employees of the Supreme Court Legal Services Committee under sub-section (6) of section 3A-—(1) The officers and other employees of the Supreme Court Legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in ihe Schedule to these rules or at par With the Central Government employees holding equivalent posts.
)2l In all matters liUc age of retirement, pay and allowances, benefits and entitlements and disciplinary matters, the officers and employees of the Supreme Court Legal Services Committee shall he governed by the Central Government rules as are applicable to persons holding equivalent posts.
(3) The officers and other employees of the Supreme Court Legal Services Committee shall be entitled lo such other facilities and benefits as may be notified by Hie Central Government from lime to time.
Explanation.—The words 'benefits", "allowances", "entitlements", "facilities" occurring in Ihese rules shall be deemed to include, the entitlement lo gratuity, provident fund, housing, medicial benefits, pension, group insurance, and all Other benefits as are available to employees of the Central Government holding equivalent posts.
7. The uper limit of annual income of a person entitling him to legal services under clause (h) of section 12, if the case is before the Supreme Court.—A person whose annual income from all sources does not exceed Rs.
50,000 {Rupees filly thousand) per annum shall be entitled to legal services under clause (h) of section 12 of the Act.
8. The experience and qualifications of other persons of Ihe Lok Adalats organised by the Supreme Court Legal Services Committee specified in sub section f3) of section 19.—A person shall not be qualified to be included in the Lok Adalat unless he is—
(a) a member of the legal profession; or
(b) a person of repute who is specially interested in the implementation of Ihe Legal Services Schemes and Programmes; or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of the society, including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour.
Sch,| The Supreme Court Legal Services Committee Rules, 2000 ^SCHEDULE (See rules 5 and 6) SANCTIONED STRENGTH OF THE STAFF OF THE SUPREME COURT LEGAL SERVICES COMMITTEE 59 SI. No Designation I Officers
1. Secretary
2. Legal Service Cuunsel-cum- Consultant
3. Superintendent //. Establishment 1, Assistant
2. Upper Division Clerk 3, Upper Division Qcrk-cum- Aceounts
4. Junior Stenographer
5. Lower Division Clerk
6. Daftrv
7. Peon
8. Fa rash Scale of pay Rs. 14300-400-18300 Rs 12000-375-16500 Rs. 6500-200-10500 Total RS, 5300-175-9000 Rs. 4000-100-6000 Rs. 4000-100-6000 Rs, 4000-100-6000 Rs. 3050-75-3950-80-4590 Rs. 2610-60-3150-65-3540 Rs. 2550-55 2660-60-3200 Rs. 2550-55-2660-60-3200 Total Grand Total of Officers and Staff:
No. ot I'osts 1 I 1 3 2 2 1 1 4 1 3 f 15 18]
1. Vide (Coxrlgendun) C.5.R. 637 (E), dated 25th July, 2000.