[31st
October 1995] No.
LLR-A(3)-1/95. -
In exercise of the powers conferred by section 28 of the Legal Services
Authorities Act, 1987 (No. 39 of 1987) and in consultation with the Chief Justice
of High Court of Himachal Pradesh, the Governor of Himachal Pradesh is pleased
to make the following rules, namely :- (1)
These rules may be called the Himachal Pradesh
State Legal Services Authority Rules, 1995. (2)
These shall come into force on such date as the
State Government may, by notification published in the Official Gazette,
appoint. In these rules, unless the context
otherwise requires,- (a)
"Act" means the Legal Services Authorities
Act, 1987 (Act No. 39 of 1987); (b)
"Chief
Justice" means
the Chief Justice of the High Court of Himachal Pradesh; (c)
"Chairman" means the Executive Chairman of
the State Authority, or, as the case may be, the Chairman of the High Court
Legal Services Committee, or, as the case may be, the Chairman of the District
Authority, or, as the case may be, the Chairman of the Taluk Legal Services
Committee; (d)
"District
Authority" means the District Legal Services Authority constituted under
section 9 of the Act; (e)
"High Court Legal
Services Committee" means a High Court Legal Services Committee
constituted under section 8-A of the Act; (f)
(i) "Secretary" means
the Member-Secretary of the State Legal Services Authority constituted under
Section 6 of the Act, or, as the case may be, the Secretary of the High Court
Legal Services Committee constituted under Section 8-A of the Act, or, as the
case may be, the Secretary of the District Legal Services Authority constituted
under Section 9 of the Act; (ii) "Secretary in the Department" means Head of
concerned Administrative Department of the Government by whatever designation
he may be called. (g)
"State
Authority" means the State Legal Services Authority constituted under Section
6 of the Act; (h)
"Taluk Legal
Services Committee" means a Taluk Legal Services Committee
constituted under Section 11-A of the Act; (i)
"Taluk" means a Sub-Division in a
District; (j)
all other words and expressions used in these rules
but not defined shall have the meanings respectively assigned to them in the
Act. (1)
The State Authority shall, including its Patron-in-Chief
and the Executive Chairman, have not more than fifteen members. (2)
The following shall be ex-officio members of the
State Authority :- (i)
the Advocate General of the State; (ii)
the Secretary in the Department of Finance; (iii)
the Secretary in the Department of Law; (iv)
the Chairman of the Bar Council of Himachal
Pradesh; (v)
the Director General of Police of the State; (vi)
the Secretary in the Welfare Department. (vii)
two Chairman of the District Authority, as may be
nominated by the State Government, in consultation with the Chief Justice of
the High Court. (3)
The State Government may nominate, in consultation
with the Chief Justice of the High Court, other member at least one of whom
shall be a women and at least one shall be from Scheduled Caste or Scheduled
Tribe Category possessing the experience and qualification specified in Sub
Rule (4). (4)
A person shall not be qualified for nomination as a
member of the State Authority, unless he is- (a)
an eminent social worker who is engaged in the
upliftment of the weaker sections of the people, including Scheduled Castes,
Scheduled Tribes, Backwards classes, Women, Children, rural and urban labour;
or (b)
an eminent person in the field of law or education;
or (c)
a person of repute who is specially interested in
the implementation of the Legal Services Schemes, or (d)
An eminent person in the medical profession or
eminent professor of Sociology, Psychology or any other discipline. The powers and functions of the
Member-Secretary of the State Authority, inter-alia, shall be- (a)
to give free legal services to the eligible and
weaker sections; (b)
to work out modalities of the Legal Services
Schemes and programmes approved by the State Authority and ensure their
effective monitoring and implementation; (c)
to exercise the powers in respect of
administrative, House keeping, Finance and budget matters as Head of the
Department in the State Government; (d)
to manage the properties, records and funds of the
State Authority; (e)
to maintain true and proper accounts of the State
Authority including checking and auditing in respect thereof periodically; (f)
to prepare annual income and expenditure account
and balance-sheet of the said Authority; (g)
to liaise with the Social Action Groups and
District and Taluk Legal Services Authorities; (h)
to maintain, up-to-date and complete statistical
information including progress made in the implementation of various Legal
Services Programmes from time to time; (i)
to process proposals for financial assistance and
issue Utilization Certificates thereof; (j)
to organise various Legal Services Programmes as
approved by the State Authority and convene Meetings/Seminars and Workshops
connected with Legal Services Programmes and preparation of reports and
follow-up action thereon; (k)
to produce video/documentary films, publicity
material, literature and publications to inform general public about the
various aspects of the legal Services Programmes; (l)
to lay stress on the resolution of Rural Disputes
and to take extra measures to draw schemes for effective and meaningful legal
services for settling Rural Disputes at the door steps of the rural people; (m)
to perform such of the functions as are assigned to
him under the schemes formulated under Section 4 (b) of the Act; (n)
to perform such other functions as may be expedient
for efficient functioning of the State Authority; (o)
to encourage and promote conciliation and
settlement in legal proceedings; (p)
to prepare a panel of social workers for para legal
services including marriage counseling approved by the State Authority for taking
all kinds of legal aid services and pay them honorarium and travelling
allowances; and (q)
to call for such record from any officer or
Authority as may be necessary and to procure the presence of any person
including any inmate of a jail. (1)
The term of office of the members of the State
Authority nominated under sub-rule (3) of rule 3 by the State Government shall
be two years and shall be eligible for re-nomination. (2) A member of the State
Authority nominated under sub-rule (3) of rule 3 may be removed by the State
Government, in consultation with the Chief Justice, if- (a)
he fails, without sufficient cause, to attend three
consecutive meetings of the State Authority or five meetings held within the
space of two years; or (b)
has been adjudged as insolvent; or (c)
has been convicted of an offence, which in the
opinion of the State Government 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 State Authority prejudicial to the public interest. (2)
Notwithstanding anything contained in sub-rule (2),
no members shall be removed from the State Authority on the ground specified in
clause (d) of that sub-rule unless the Chief Justice, on a reference being made
to him in this behalf by the State Government, has, on an enquiry held by him
in accordance with such procedure as he may specify in this behalf, recommended
that the member ought, on such grounds, to be removed. (3)
A member may, by writing under his hand, addressed
to the Chairman, resign from the State Authority and such resignation shall
take effect from the date on which it is accepted by the State Government in
consultation with the Chief Justice, or on the expiry of 30 days from the date
of tendering resignation, whichever is earlier. (4)
If any member nominated under sub-rule (3) of rule
3 ceases to be member of the State Authority for any reason, the vacancy shall
be filled up in the same manner as the original nomination and the person so
nominated shall continue to be a member for the remaining term of the member in
whose place he is nominated. (5)
Subject to the provisions of sub-rule (7), all
members nominated under sub-rule (3) of rule 3 shall be entitled to payment of
travelling allowance and daily allowance in respect of journeys performed in
connection with the work of the State Authority and shall be paid by the State
Authority in accordance with the Himachal Pradesh Government instructions
contained in Finance Regulation Department Office memorandum No.
Fin.-(c)-8(7)-2/88, dated 24-2-1995, as amended from time to time. (6)
If the nominated member is a Government employee,
he shall be entitled to draw the travelling allowance and daily allowance at
the rates to which he is entitled to under the service rules applicable to him
and shall draw from the department, in which he is employed and not from the
State Authority. (7)
The Member-Secretary of the State Authority shall
be the whole time employee and shall hold office for a term not exceeding five
years. (8)
In all matters like age of retirement, pay and
allowances, benefits and entitlements and disciplinary matters, the
Member-Secretary shall be governed by the rules, as are applicable to the
members of the State Higher Judicial Services and he shall be on deputation to
the State Authority. The State Authority shall have the
power to make the appointments of the officers and other employees of the
Authority, for the efficient performance of its functions under the Act,
subject to the creation of such posts by the State Government. A Person shall not be eligible for
appointment to the post of Administrative Officer of the Himachal Pradesh State
Legal Services Authority unless he is a member of Himachal Pradesh Judicial
Services. (1)
The Patron-in-Chief, the Executive Chairman and the
Chairman High Court Legal Services Committee being a sitting Judge of the High
Court shall be entitled to payment of travelling allowance and daily allowance
in respect of journeys performed in connection with the work of the State
Authority and paid by the State Authority in accordance with the provisions of
the High Court Judges (Travelling Allowance) Rules, 1959, as amended from time
to time. (2)
The Executive Chairman of the State Authority, in
case he is a retired Judge of the High Court, shall be provided with a staff
car and a staff car driver by the State Authority and the expenditure on
account of pay and allowance of the staff car driver as well as maintenance and
repairs of the cars shall be borne by the said Authority. Where the Executive Chairman is a
retired Judge of the High Court- (i)
his terms and conditions of service shall be such
as are specified in Government of India, Ministry of Finance Department of
Expenditure O. M. No. 19048/7/80-E, IV, dated the 8th October, 1987 or such
other relevant order of the State Government as may be applicable to the
retired Judges of the High Court appointed on commissions/committees. (ii)
he shall be entitled to sumptuary allowance @ of
rupees 500/- per month to be paid by the State Authority. (iii)
he shall be permitted to subscribe to the
Contributory Provident Fund of the State. (1)
The officers and other employees of the State
Authority shall in all matters, like age of retirement, pay, allowances,
benefits and entitlements and disciplinary matters, be governed by such rules,
as are applicable to the employees of the State Government holding equivalent
posts. (2)
The officers and other employees of the State
Authority shall be entitled to such other facilities, allowances and benefits
as may be notified by the State Government from time to time. A person shall not be qualified for
appointment as Secretary of the High Court Legal Services Committee unless he
is an officer of the High Court not below the rank of Additional Registrar of
the High Court. (1)
The High Court Legal Services Committee shall have
the power to make appointments of officers and employees of the Committee for
the efficient performance of its functions under the Act subject to the
creation of such posts by the State Government. (2)
The officers and other employees of the High Court
Legal Services Committee shall in all matters, like age of retirement, pay and
allowances, benefits and entitlements and disciplinary matters, be governed by
such rules, as are applicable to the employees of the State Government holding
equivalent post. (3)
The officers and other employees of the High Court
Legal Services Committee shall be entitled to such other facilities, allowances
and benefits as may be notified by the State Government from time to time. (1)
The District Authority shall have not more than
nine members. (2)
The following shall be ex-officio members of the
District Authority :- (i)
District Magistrate and in his absence Additional
Deputy Commissioner/Additional District Magistrate; (ii)
Superintendent of Police and in his absence
Additional Superintendent of Police/Deputy Superintendent of Police
(Headquarters). (iii)
Chief Judicial Magistrate; (iv)
President, District Bar Association; and (v)
District Attorney. (4)
The State Government may nominate, in consultation
with Chief Justice of the High Court, other members from amongst those
possessing the qualifications and experience prescribed in sub-rule (4) of this
rule, for a period of two years and they shall be eligible for re-nomination. (5)
A person shall not be qualified for nomination as a
member of the District Authority unless he is :- (a)
an eminent social worker who is engaged in the
upliftment of the weaker sections of the people, including Scheduled Castes,
Scheduled Tribes, Backward Classes, Women, Children, rural and urban labour; (b)
an eminent person in the field of law of education;
or (c)
a person of repute who is specially interested in
the implementation of the Legal Services Schemes; or (d)
an eminent person in the medical profession or
eminent Professor of Sociology, Psychology or any other discipline. (6)
Subject to sub-rule (6) all members nominated under
sub-rule (3) of this rule shall be entitled to payment of travelling allowance
and daily allowance in respect of journeys performed in connection with the
work of the District Authority and shall be paid by the District Authority in
accordance with the Himachal Pradesh Government instructions contained in the
Finance (Reg.) Department Officer Memo No. Fin. (C)-B (7)-2/88, dated
24-5-1995, as amended from time to time. (7)
If the nominated member is a Government employee,
he shall be entitled to draw travelling allowance and daily allowance at the
rates to which he is entitled to under the service rules applicable to him and
shall draw it from the department in which he is employed and not from the
District Authority. (1)
The District Authority shall have the power to make
appointment of officers and other employees for the efficient performance of
its functions under the Act, subject to the creation of such posts by the State
Government. (2)
The officers and other employees of the District
Authority shall in all matters like age of retirement, pay and allowances,
benefits and entitlements and disciplinary matters, be governed by such rules,
as are applicable to the employees of the State Government holding equivalent
posts. (3)
The officers and other employees of the District
Authority shall be entitled to such other facilities, allowances and benefits
as may be notified by the State Government from time to time. (1)
The Taluk Legal Services Committee shall have not
more than six members. (2)
The following shall be ex-officio members of the
Taluk Legal Services Committee :- (i)
Sub-Divisional Officer (Civil); (ii)
Sub-Divisional Police Officer; (iii)
President, Taluk Bar Association. (3)
The State Government may nominate, in consultation
with the Chief Justice of the High Court, other members from amongst those
possessing the qualifications and experience prescribed in sub-rule (4) of this
rule, for a period of two years and they shall be eligible for re-nomination. (4)
A person shall not be qualified for nomination as a
member of the Taluk Legal Services Committee unless he is :- (a)
an eminent social worker who is engaged in the
upliftment of the weaker sections of the people, including Scheduled Castes,
Scheduled Tribes, Backward Classes, Women, Children, rural and urban labour;;
or (b)
an eminent person in the field of law or education;
or (c)
a person of repute who is specially interested in
the implementation of the Legal Services Schemes; or (d)
an eminent person in the medical profession or
eminent Professor of Sociology, Psychology or any other discipline. (5)
Subject to sub-rule (6), all members nominated
under sub-rule (3) of this rule shall be entitled to payment of travelling allowance
and daily allowance in respect of journeys performed in connection with the
work of Taluk Legal Services Committee and shall be paid by the Taluk Committee
in accordance with the Himachal Pradesh Government instructions contained in
the Finance (Regulation) Department Office Memorandum No. Fin. (C)-B(7)-2/88,
dated 24-5-1995, as amended from time to time. (6)
if the nominated member is a Government employee,
he shall be entitled to draw travelling allowance and daily allowance at the
rates to which he is entitled under the service rules applicable to him and
shall draw it from the department in which he is employees and not from the
Taluk Committee. A nominated member of the District/
Taluk Legal Services Committee may be removed by the State Government in
consultation with the Chief justice under the same circumstances and
conditions, mutatis mutandis,
as are applicable in the case of a member of the State Authority under
sub-rules (2), (3), (4) and (5) of rule 5. (1)
The Taluk Legal Services Committee shall have power
to make appointments of officers and other employees for the efficient performance
of its functions under the Act, subject to the creation of such posts by the
State Government. (2)
The officers and other employees of the Taluk Legal
Services Committee shall in all matters like age of retirement, pay and
allowances, benefits and entitlements and disciplinary matters, be governed by
such rules, as are applicable to the employees of the State Government holding
equivalent posts. (3)
The officers and other employees of the Taluk Legal
Services Committee shall be entitled to such other facilities, allowances and
benefits as may be notified by the State Government from time to time. Any citizen of India whose annual
income from all sources does not exceed [Rs. 3,00,000/- (Rupees Three
lakh)] shall be entitled to legal services under clause (h) of section 12
of the Act. A person shall not be qualified to be
included in the Bench of Lok Adalat, unless he is- (a)
an eminent social 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; or (b)
a lawyer of standing or teacher; or (c)
a person of repute who is specially interested in
the implementation of the Legal Services Schemes and Programmes. (i)
Upon the constitution of the State Legal Services
Authority. ? (1)
the Himachal Pradesh State Legal Aid Board shall
stand dissolved; (2)
all property, movable or immovable, belonging to
the said Board shall vest in the State Legal Services Authority and shall be
applied by the authority to the objects and purposes of the Legal Services Act,
1987 and the rules framed thereunder; (3)
all the debts and liabilities of the Board shall be
transferred to the State Legal Services Authority and shall thereafter be
discharged and satisfied by it out of the aforesaid property. (2) Upon the
constitution of Legal Services Authorities/ Committees at High Court, District
and Taluk level, all properties and assets of the Legal Aid Committees
constituted under the repealed rules shall stand transferred and vested in the
corresponding Legal Services Authorities/Committees constituted under these
rules. (1)
Notwithstanding anything contained in these rules,
the existing Legal Aid Board and committees constituted under the Himachal
Pradesh State Legal Aid to the Poor Rules, 1980 and deemed to be continued
under rule 21 of the Himachal Pradesh Legal Aid Rules, 1984 shall continue to
function till the State Legal Services Authority, the High Court Legal Services
Committee, the District Legal Services Authorities and the Taluk Legal Services
Committees are constituted under these rules. (2)
Anything done or any action taken (including
applications admitted or legal aid granted) by the Himachal Pradesh State Legal
Aid Board or any of the Legal Aid committees, immediately before the
commencement of these rules in the exercise or purported exercise of its powers
and authority conferred by or under the rules repealed under sub-rule (1) of
rule 22 shall be deemed to have been validly done or taken as if the provisions
of these rules, had been in force at all material times and, accordingly,
anything done or any action taken by the said Himachal Pradesh Legal Aid Board
or any of the Legal Aid Committees shall be deemed to have been done or taken
by the State Legal Services Authority, or as the case may be, by the
corresponding Legal Services Authority/Committee. Every officer or other employee of the
Himachal Pradesh State Legal Aid Board or its Committee, in the employment of
the said Board/Committee, immediately before the commencement of these rules,
shall on and from the date on which these rules come into force, become the
officer or other employee of the State Legal Services Authority, in the case of
State Legal Aid Board, and of the corresponding Legal Services
Authority/Committee in the case of Legal Aid Committees; and shall hold his
office or service therein for the same tenure, at the same remuneration and
upon the same terms and conditions and with the same rights and privileges as
he would have held the same and shall continue to do so unless and until his
employment in the State Legal Services Authority or, as the case may be, in the
corresponding Legal Services Authority/Committee is terminated and until his
remuneration, terms and conditions are duly altered by the State Legal Services
Authority and the Service rendered under the State Legal Aid Board/Legal Aid
Committee shall be deemed to be the service rendered under the State Legal
Services Authority or as the case may be, under the corresponding Legal
Services Authority/Committee. (1)
Every award of the Lok Adalat shall be deemed to be
a decree of a civil court or, as the case may be, an order of any other court
and where a compromise or settlement has been arrived at, by a Lok Adalat in a
case referred to it under sub-section (1) of section 20, the court-fee paid in
such case shall be refunded in the manner provided under the Court-fees Act,
1870. (2)
Every award made by a Lok Adalat shall be final and
binding on all the parties to the dispute and no appeal shall lie to any court
against the award. (3) The awards passed by the Lok Adalats in respect of
pending cases shall be executable by the courts in which those matters were
pending prior to the passing of the awards by the Lok Adalats. However, the
awards passed by the Lok Adalats regarding matters at prelitigative stage shall
be executable through the Court of District Judge of the District in which the
Lok Adalat is held. (1)
Subject to the provisions of rules 20 and 21, the
Himachal Pradesh Legal Aid Rules, 1984 are hereby repealed. (2)
Notwithstanding anything contained in sub-rule (1),
anything done, or any action taken or orders or directions issued under the
repealed rules, shall be deemed to have been done or taken or issued under
these rules as if these rules were in force on the day on which such thing was
done or action was taken or such order or direction was issued.Himachal Pradesh State Legal Services Authority
Rules, 1995