In exercise of the
powers conferred under Section 29A of the Legal Services Authorities Act, 1987
(Act 39 of 1987) in consultation with the Hon'ble Chief Justice of the Delhi
High Court, as required by sub-section-(4) of Section 9 and clause (c) of
sub-section (2) of Section 10 of the said Act, the State Legal Services
Authority hereby makes the following regulations to amend the High Court Legal
Services Committee Regulations, 1998, namely: (1)
These
regulations may be called the High Court Legal Services Committee (Amendment)
Regulations, 2021. (2)
They
shall come into force on the date of publication in the Delhi Gazette. Amendment of regulation 2 in the High Court
Legal Services Committee Regulation (hereinafter called principal regulation)
in regulation 2, the following shall be substituted namely:- for sub- regulation (b) shall be substituted (b)
"Aided person" shall have the same meaning as defined under
Regulation 2(f) of the Delhi Legal Services Authority Regulations 2002 (as
amended in 2019); for sub- regulation (f) shall be substituted (f)
"Legal Services Advocate" (LSA) means an advocate who has been
empanelled by the High Court Legal Services Committee in any of the panels
constituted to provide legal aid and services and would also include an
advocate who has been assigned any work related to legal services by the Delhi
High Court Legal Services Committee or the State Legal Services Authority; for sub- regulation (i) shall be substituted (i)
"State Authority" means the Delhi State Legal Services Authority
constituted under Section 6 of the Act; for sub- regulation (j) shall be substituted (j)
All other words and expressions used in these regulations but not defined shall
have the same meaning assigned to them in the Act" Existing regulation 12 shall be deleted. Existing regulation 13 shall be re-numbered
as regulation 12, the following shall be substituted, namely: - The Experience and qualifications of other
persons of the Lok Adalats organized by the High Court Legal Services Committee
specified in sub-section (4) of Section 19: A person shall not be qualified to be
included in the Lok Adalat unless he is: (a)
a
sitting or retired Judge of the High Court; (b)
a
serving or retired judicial officer; (c)
a
member of the legal profession; (d)
any
other professional such as Doctors including Mediators; (e)
a
person of repute who is specially interested in the implementation of the Legal
Services Scheme and Programmes; or (f)
an
eminent 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." Existing regulation 14 shall be re-numbered
as regulation 13. Audit and Accounts Committee. Existing regulation 15 shall be re-numbered
as regulation 14. Application for the Legal Services. Existing regulation 16 shall be re-numbered
as regulation 15, the following shall be substituted, namely:- Disposal of Applications (1)
On
receipt of an application for legal service mentioned in Regulation 14, the
Secretary shall first cause the eligibility of the applicant as per the
provisions of the Act read with the rules, examined and determined. (2)
If
the applicant satisfies the eligibility criteria, the Secretary shall proceed
to examine the merit of his application in accordance with the National Legal
Services Authority (Free and Competent Legal Services) Regulations, 2010. (3)
An
application for the grant of legal services in any matter if it is not found
fit, may be rejected, for the reasons to be recorded in writing, by the Secretary/Scrutiny
Committee constituted under the National Legal Services Authority (Free and
Competent Legal Services) Regulations, 2010. (4)
The
applicant whose application for grant of legal services has been rejected may
prefer an appeal before the Chairman for a decision. (5)
In
case of refusal for the grant of legal services, the Secretary shall inform the
applicant in writing of such refusal." Existing regulation 17 shall be re-numbered
as regulation 16, the following shall be substituted, namely:- Modes of Legal Services (a)
Court
fees, provided that Court fees will be payable only after an application is
moved before the Court for suing in forma pauperis and orders of the Court
obtained thereon. (b)
process
fees and other similar charges payable or incurred in connection with any legal
proceedings; (c)
charges
for drafting, preparing, filing of any legal proceedings and representation by
a legal practitioner in legal proceedings; (d)
cost
of obtaining and supply of certified copies of judgments, orders and other
documents in legal proceedings; (e)
cost
of preparation of paper book (including paper, printing and translation of
documents) in legal proceedings and expenses incidental thereto; provided that charges for spot inspection
other than local commissioner's fee, such as
photographer's/electrician's/plumber's/mason's charges and similar expenditure,
charges for medical examination and the like, shall not be payable, except with
the approval of the Chairman". Existing regulation 18 shall be deleted. Existing regulation 19 shall be re-numbered
as regulation 17, the following shall be substituted, namely:- Legal Services may be granted in certain
cases "Irrespective of the means test, legal
service may be granted by the Chairman: in a special case which is considered
otherwise deserving of legal services" Existing regulation 20 shall be re-numbered
as regulation 18, the following shall be substituted, namely:- Duties of Legal Services Advocates "(1) The Legal
Services Advocate shall be paid such honorarium as may be fixed by the State
Authority. (2) Every Legal Services Advocate shall attend to
all duties assigned by the Authority punctually, attentively and diligently. (3) Every Legal Services Advocate shall endeavour
to provide quick and timely services to the aided person. (4) (a)
Every Legal Services Advocate shall ensure his attendance on each hearing of
the case assigned to him and shall diligently work towards the disposal of the
case. (b) On a case of the aided person as assigned
to any Legal Services Advocate being decided, such Legal Services Advocate
shall apply for the certified copies of the decree, judgment, evidence,
pleadings and other relevant documents, certified copies of which have not
already been taken. (c) Such certified copies shall be submitted
to the Authority alongwith the detailed comments of the Legal Services Advocate
regarding the further desired action in the case if any required with specific
reference to feasibility of filing an appeal/revision. (d) The Legal Services Advocate who has
completed his/her assignment, shall submit within 45 days of the completion of
such assignment, a statement showing the honorarium due to him/her together
with the report of the work done in connection with the legal proceedings
conducted by him/her on behalf of the aided person, along with certified
copies, to the Secretary of the Committee who shall after due scrutiny sanction
the fee and expenses payable to him/her. Provided that in appropriate cases and for
sufficient reasons, bills submitted after the expiry of the said 45 days may be
processed by the Secretary for payment. (5) Every Legal Services Advocate shall attend
all training programs, functions and the like organized by the State or the
District Authority and as directed by the said Authorities. (6) Every Legal Services Advocate shall submit a
quarterly detailed report in respect of the work/cases assigned to him/her by
the Authorities. The said report shall be submitted within seven days of the
expiry of the quarter." Existing regulation 21 shall be re-numbered
as regulation 19. Duties of Aided person. Existing regulation 22 shall be re-numbered
as regulation 20. Withdrawal of Legal Services. After regulation 20- the following regulation
shall be added namely:- In case of conflict between these Regulations
and the Rules or Regulations of the State Authority, the latter shall prevail.HIGH COURT LEGAL SERVICES COMMITTEE
(AMENDMENT) REGULATIONS, 2021
PREAMBLE