[1][THE KERALA STATE LEGAL SERVICES
AUTHORITY REGULATIONS, 1998 In exercise of the powers conferred by Section 29A
of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987), the
Kerala State Legal Services Authority hereby makes the following Regulations. CHAPTER I PRELIMINARY (1) These Regulations may be called
the Kerala State Legal Services Authority Regulations, 1998. (2) They shall come into force at
once. (1) In these Regulations, unless the
context otherwise requires,- (a) "Act" means the Legal
Services Authorities Act, 1987 (Central Act 39 of 1987); (b) "Rules" means the
Kerala State Legal Services Authorities Rules, 1998; (c) "Schedule" means the
Schedule appended to these Regulations; (d) "Form" means a form
appended to these Regulations. (2) All other words and expressions
used in these Regulations, but not defined herein and defined in the Act and
Rules shall have the same meanings, respectively assigned to them in the Act
and Rules. CHAPTER II
MEETINGS OF THE AUTHORITIES AND COMMITTEES (1) The State Authority shall meet atleast once in three months or at such
shorter intervals as the business may warrant, at such place, date and time as
may be specified by the Executive Chairman of the Authority with the approval
of Patron-in-Chief. (2) The meeting of the State Authority shall be presided over by the
Patron-in-Chief and in his absence the Executive Chairman and in the absence of
both by a member chosen by the members present from among them-selves. (3) The quorum for a meeting shall be seven and no quorum shall be
nece-ssary for the adjourned meeting. (4) All the subject matters in the agenda at a meeting shall be decided by
the majority of the votes of the members present and in case of equality of
votes, the person presiding shall have a second or a casting vote. (5) Notice of every meeting of the State Authority shall be given in writing
by the Member Secretary to the members atleast 10 days prior to the date of
meeting. However, in urgent matters only 5 days notice is required. (6) The Member Secretary shall draw up the minutes of the meeting of the
State Authority and after its approval by the Executive Chairman send copies of
the same to the Members as soon as possible, but not later than the date of
despatch of the notice of the next meeting. (7) The Member Secretary shall at the commencement of the next meeting of
the State Authority inform the Members, the action taken on the decisions in
the previous meeting. (1) The Chairman of the High Court Legal Services Committee, may as frequently
as the business may warrant or shall atleast once in three months call a
meeting of the High Court Legal Services Committee. (2) The Meeting of the High Court Legal Services Committee shall be presided
over by the Chairman and in his absence a member chosen by the members present
from among themselves. (3) The quorum for a meeting shall be four and no quorum is required for the
adjourned meeting. (4) All the subject matters in the agenda at a meeting shall be decided by
the majority of the votes of the members present and in case of equality of
votes, the person presiding shall have a second or a casting vote. (5) Minutes of the meeting shall be prepared by the Secretary of the High
Court Legal Services Committee and get it approved by the Chairman. (6) A copy of the minutes shall be sent to the State Authority. (7) No act or proceedings of the High Court Legal Services Committee shall
be invalid merely by reason of any vacancy in the committee or defect in the
constitution of the High Court Legal Services Committee as the case may be. (1) The Chairman of the District Legal Services Authority shall, atleast
once in two months or as frequently as the business may warrant or as per the
directions of the State Authority convene the meetings of the District
Authority. (2) The meeting of the District Legal Services Authority shall be presided
over by the Chairman and in his absence a member chosen by the members present
from among themselves. (3) The Secretary shall draw up the minutes of the meeting and after its
approval by the Chairman send copies of it to the members as soon as possible,
but not later than the date of despatch of the notice of the next meeting. (4) The quorum for the meeting shall be five, but for the adjourned meeting
no quorum is required. (5) All the subject matters in the agenda of a meeting shall be decided by
majority of votes of the members present and in case of equality of votes, the
person presiding shall have a second or a casting vote. (6) Minutes of the meeting shall contain the name of the members present.
the resolutions adopted and the decisions taken at each meeting which shall be
signed at the next meeting by the person presiding at such meeting and shall be
open to inspection by any member. (7) A copy of the minutes of each meeting shall be sent to the State
Authority. (8) The non-official members of the District Authority shall be entitled to
Travelling Allowance and Daily Allowance as admissible to Class I Officer in
State Government service. (1) The Taluk Committee shall ordinarily meet once in two months on such
date, time and place as the Ex-officio Chairman may decide. (2) The Taluk Committee shall appoint a person from among the officers
appointed by the Committee under sub-section (3) of section 11A of the Act as
its Secretary. (3) The meeting of the Committee shall be presid ed over by the Chairman and
in his absence, a member chosen by the members present from among
themselves: Provided that the Secretary may also call the
meeting in urgent cases, if the Chairman is not available to call a meeting. (4) Quorum for the meeting of the Taluk Committee shall be four and no
quorum shall be necessary for the adjourned meeting. (5) All the subject matters in the agenda at a meeting of the Taluk
Committee shall be decided by the majority of the votes of Members present and
in case of equality of votes, the person presiding shall have a second or a
casting vote. (6) The minutes shall contain the record of the decisions taken and
resolutions passed. The minutes shall be recorded in a separate register
maintained for the purpose in the office of the Taluk Committee. (7) The Secretary shall draw up minutes of the meeting and after its
approval by the Chairman send copies of it to the members as soon as possible,
not later than the date of despatch of the notice of the next meeting. (8) The Secretary of the Committee shall at the commencement of the next
meeting inform the Members, the action taken on the decisions in the previous
meeting. (9) The Taluk Committee shall send the copy of the minutes of each meeting
to the District Authority with copy to the State Authority. (10) No act or proceedings of the Taluk Legal Services Committee shall be
invalid merely by reason of any vacancy in the Committee or defect in the
constitution of the Taluk Legal Services Committee as the case may be. CHAPTER III
POWERS AND FUNCTIONS The powers and functions of the Secretary of the
High Court Legal Services Committee are- (1) To organise and conduct Lok Adalats, (2) To arrange for giving free legal service to persons eligible in
proceedings before the High Court; (3) To exercise the powers in respect of administration, finance and budget
matters; (4) To manage the properties, records and funds of the High Court Legal
Services Committee; (5) To maintain true and proper accounts including checking and auditing in
respect thereof, periodically; (6) To prepare annual income and expenditure accounts and balance sheet of
the High Court Legal Services Committee; (7) To maintain upto date and complete statistical information including
progress made in the implementation of various Legal Services Programmes, from
time to time; (8) To process proposals for financial assistance and issue utilisation
certificate thereon; (9) To perform such other functions as may be expedient for the efficient
functioning of the High Court Legal Services Committee as directed by the
Chairman. Subject to the general control and superintendence
of the State Authority, the District Authority shall discharge the following
functions, namely:- (1) Organise and conduct Lok Adalats in accordance with the provisions in
Section 10 and Section 19 of the Act; (2) Supervise the working of the Taluk Committees in the District and
co-ordinate the activities of the Taluk Legal Services Committee and other
legal services organisations in the District; (3) Call for from the Taluk Committees in the District such periodical reports,
returns or other statistics or information as it may think necessary or as are
required by the State Authority; (4) Submit suggestions and recommendations for the working of the scheme: (5) Collect, prepare, consolidate and submit such reports, returns and other
statistics or information as the State Authority may call for. The powers and functions of the Secretary of the
District Legal Services Authority are- (a) To implement the scheme, to arrange for giving free legal service to the
eligible and weaker section; (b) To work out modalities of the legal services schemes and
programmes; (c) To exercise the powers in respect of administration, finance and budget
matters; (d) To manage the properties, records and funds of the District Authority; (e) To maintain true and proper accounts of the District Authority including
checking and auditing in respect thereof periodically; (f) To prepare Annual Income and Expenditure Account and Balance Sheet of
the District Authority; (g) To liaison with social action groups and Taluk Legal Service Committees; (h) To maintain up to-date and complete statistical information including
progress made in the implementation of various legal services programme from time
to time; (i) To process proposals for financial assistance and issue Utilisation
Certificate thereon; (j) To organise various legal service programmes and convene Meeting/
Seminars and Workshops connected with legal service programmes and preparation
of reports and follow-up action thereon; (k) To lay stress on the resolution of disputes and to take extra measures
to draw schemes for effective and meaningful legal services for settling
disputes; (l) To perform such of the functions as are assigned to him under the
scheme, formulated under the Act; (m) To perform such other functions as may be expedient for the efficient
functioning of the District Authority as directed by the Chairman. The functions of the Taluk Committee are to (1) Receive applications for legal services, process the same and consider
the nature and extent of the legal services to be given; (2) Give publicity to legal services programmes; (3) Organise and conduct Lok Adalats; (4) Hold legal camps, seminars etc. with the approval of the State
Authority; (5) Perform such other functions and discharge such other duties as the
District Authority or State Authority may assign to it, from time to time. CHAPTER IV
PROVISIONS RELATING TO MEMBERS The term of office of the nominated members of
District Authority and Taluk Committee shall be three years. A nominated member of the High Court Committee,
District Authority and Taluk Committee who fails to attend three consecutive
meetings of the Committee or Authority concerned shall cease to be a member: Provided that the Chairman of the Committee or
Authority, as the case may be, may restore his membership on the recommendation
of the Committee or Authority concerned on showing sufficient reasons. (1) Travelling Allowance and Daily Allowance shall be paid to the
non-official members of the District Authority who have attended the meeting or
participated in the programmes, by the Secretary with the approval of the
Chairman. (2) A sitting fee of Rs. 50 per day shall be paid to the non-official
members of the Taluk Legal Services Committee for attending the meeting or any
programme. [2][(3) Non-official members of the District Legal Services Authority, who
are not entitled to Travelling Allowance and Daily Allowance shall be paid a
sitting fee of Rs. 50 for attending the meeting or any other programme.] FINANCE, ACCOUNTS AND AUDIT (1) The State Authority shall establish a Fund as provided in Section 16 of
the Act and operate it in the Treasury Public Account. [3][(2) Notwithstanding anything contained in sub-regulation (1) the Stale
Authority may deposit all sums of money received from the Central Authority
under clause (a) of sub-section (1) of section 16 of the Act in a Public Sector
Bank as decided by the State Authority which shall be jointly operated by the
Member Secretary and the Accounts Officer.] (1) The Executive Chairman of the State Authority shall constitute a Finance
Committee consisting of 5 members from amongst the members of the Authority
inclusive of the Executive Chairman and the Member Secretary and the Committee
shall hold meetings at least once in 2 months or as frequently as business may
warrant. (2) The Executive Chairman and in his absence one of the members chosen by
the Members present from among themselves shall preside over the meeting. (3) The Member-Secretary shall prepare the agenda with the approval of the
Executive Chairman and send it along with the notice of meeting to the members. (4) The quorum for a meeting shall be three and no quorum is necessary for
adjourned meeting. (1) The functions of the Finance Committee are to- (a) review the receipt and expenditure of funds of the State Legal Services
Authority; (b) suggest ways and means to augment resources to the State Authority; and (c) consider the budget and the annual statement of accounts of the State
Authority. (2) The report of recommendations of the Finance Committee shall be placed
before the State Authority. (1) The Funds of the High Court Legal Services Committee shall consist of
such sums as may be allocated to it by the State Authority and also such amount
as may be received by the Committee by way of donations or otherwise. (2) The funds of the Committee shall be deposited in a Nationalised Bank in
Savings Bank Account, in the name of the Committee and the Secretary of the
Committee shall operate the bank accounts as per the directions of the
Chairman. (3) For the purpose of meeting office contingency the Secretary shall be
competent to incur expenditure upto Rs. 500 per month but not exceeding Rs.6000
per year, subject to ratification by the Committee. (4) The High Court Legal Services Committee may authorise the Secretary to
keep with him, a sum upto Rs. 200 as imprest to meet urgent expenses, if any,
and recoup the amount from the funds of the Committee from time to time. (1) The funds of the District Authority shall consist of such sums as may be
allocated to it by the State Authority and also such amounts as may be received
by it by way of donations or under orders of any court or from any other
source. (2) The funds of the Authority shall be kept in a Nationalised Bank in
Savings Bank account, in the name of the Authority and the Secretary shall
operate the bank account as per the direction of the Chairman. (3) For the purpose of meeting office contingency the Secretary shall be
competent to incur expenditure upto Rs. 500 per mensem but not exceeding Rs.
6000 per annum, subject to ratification by the District Authority. (4) The District Authority may authorise the Secretary to keep with him a
sum of Rs. 200 as imprest to meet urgent expenses, if any, and to recoup the
amount from the funds of the District Authority from time to time. (5) The District Authority shall maintain proper accounts and other relevant
records and prepare an annual Statement of accounts including the income and expenditure account and the balance sheet in the form
prescribed by the Central Government. (1) The funds of the Taluk Legal Services Committee shall consist of such
amounts as may be allocated and granted to it by the District Authority. (2) The funds of the Taluk Legal Services Committee shall be deposited in a
Nationalised Bank and operated by the Secretary in accordance with the
direction of the Chairman. (3) For the purpose of meeting the incidental expenses a permanent advance
of Rs. 200 shall be placed at the disposal of the Secretary of the Taluk
Committee. (4) All expenses, on legal aid and advice, provisions for other legal
services and expenditure necessary for carrying out the various functions of
Taluk Legal Services Committee shall be met out of the funds of the Taluk Legal
Services Committee. (5) The Taluk Legal Services Committee, shall maintain or cause to be
maintained true and correct accounts of all receipts and expenditure and
furnish monthly returns with reports to the District Authority with copy to the
State Authority. (1) The Chairman of the High Court Legal Services Committee or the District
Authority or the Taluk 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 High Court Legal Services Committee and the
District Authority shall render true and proper accounts to the State Authority
in every quarter. (3) The Chairman of the Taluk Legal Services Committee shall render true and
proper accounts to the District Authority in every quarter. The accounts of the High Court Legal Services
Committee, District Authority and the Taluk Legal Services Committee shall be
audited at the end of every financial year and any expenditure incurred in
connection with such audit shall be paid by them respectively. (1) The High Court Legal Services Committee and the District Authority shall
submit the Budget proposals of every financial year including the expenditure
in respect of the Lok Adalaf Scheme to the State Authority on or before 10th
September of every year. (2) The Taluk Legal Services Committee shall submit the Budget proposals of
every financial year including the expenditure in respect of Lok Adalat Scheme
to the District Authority on or before 10th August of every year. On a request received from the High Court Legal
Services Committee or the District Authority or the Taluk Legal Services
Committee, as the case may be, the State Legal Services Authority may release
special grants for convening and holding of Lok Adalats, if considered necessary. For the purpose of regulation, supervision and
control, the State Authority may call for such periodical returns as it may
consider necessary from the High Court Committee, District Authorities and
Taluk Committees. All the Authorities and Committees shall maintain
the registers prescribed by Government for official transactions and shall also
maintain the following Registers, namely:- (1) Register of Bank Cheque (Cheques supplied by Bank or Treasury); (2) Register of Funds received; (3) Register of allotment of Funds; (4) Receipt Book; and (5) Register of cases received and returned under Section 20 of the Act. CHAPTER VI
CONSTITUTION OF LOK ADALAT (1) The Member Secretary of the State Authority, the Secretary of the High
Court Legal Services Committee or the District Authority or the Chairman of the
Taluk Legal Services Committee, as the case may be, shall convene and organise
Lok Adalats at regular intervals. (2) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case
may be, may associate the members of the legal professions, college students,
social organisations, charitable and philanthropic institutions and other
similar organisations with the Lok Adalats. The Secretary of the High Court Legal Services
Committee or the District Authority or the Chairman of the Taluk Legal Services
Committee, as the case may be, shall inform the State Authority about the
proposal to organise the Lok Adalat well before the date on which the Lok
Adalat is proposed to be organised and furnish the following information to the
State Authority, namely:- (1) The place and the date on which the Lok Adalat is proposed to be
organised; (2) Whether any of the organisations as referred to in clause 26 (2) have
agreed to associate themselves with the Lok Adalat; (3) Categories and nature of cases, viz. pending cases or pre litigation
disputes, or both, proposed to be placed before the Lok Adalat; (4) Number of cases proposed to be brought before the Lok Adalat in each
category; (5) Any other information relevant to the convening and organising of the
Lok Adalat. The Secretary of the High Court Legal Services
Committee or the District Authority or the Chairman of the Taluk Legal Services
Committee, as the case may be, convening and organising the Lok Adalat shall
inform every party concerned 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. (1) At High Court Level.- The Secretary of the High Court Legal Services
Committee organising the Lok Adalat shall constitute Benches of the Lok
Adalats, each Bench comprising two or three of the following:- (i) A sitting or retired Judge of the High Court; (ii) A serving or retired Judicial Officer; (iii) A Member of the Legal Profession; and (iv) A Social Worker. (2) At District Level- The Secretary of the District Authority organising
the Lok Adalats, shall 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 (iii) A Social Worker or a person engaged in para legal activities of the area
preferably a woman. (3) At Taluk Level. The Chairman of the Taluk Legal Services Committee
organising 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 or a person engaged in para legal activities of the area
preferably a woman. (1) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk 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 courts
concerned. (2) If any case is referred to the Lok Adalat at the prelitigation stage,
the version of each party shall be obtained by the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman
of the Taluk Legal Services Committee, as the case may be. to be placed before
the Lok Adalat. (3) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case
may be, shall be responsible for the safe custody of the records from the time
he receives the same from the Court title they are returned. (4) The Judicial records shall be returned within ten days of 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. (1) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case
may be, shall assign specific cases to each Bench of the Lok Adalat. (2) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case
may be may prepare a 'cause list' for each Bench of the Lok Adalat and intimate
the same to all concerned atleast two days before the date of the Lok Adalat. (3) Every Bench of the Lok Adalat shall make sincere efforts to bring about
a conciliatory settlement in every case put before it without bringing about
any kind of coercion, threat or undue influence, allurement or
misrepresentation. A Lok Adalat may be organised at such time and
place and on such days, including holidays as the State Authority, High Court
Legal Services Committee, District Authority, Taluk Legal Services Committee,
as the case may be, organising the Lok Adalat deems appropriate. (1) Every Award of the Lok Adalat shall be signed by the parties to the
dispute and 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 free of cost duly certified to
be true by the panel constituting the Lok Adalat. (1) Every Award of the Lok Adalat shall be categorical and lucid and shall
be written in the regional language used in the local courts or in English. At the conclusion of session of the Lok Adalat, the
Secretary of the High Court Legal Services Committee or the District Authority
or the Chairman of the Taluk Legal Services Committee, as the case may be,
shall compile the results for submission to the State Authority. The Secretary of the High Court Legal Services
Committee or the District Authority or the Chairman of the Taluk Legal Services
Committee, as the case may be, shall maintain a panel of names of the retired
Judicial Officers, Advocates and of Social Workers etc. possessing
qualification and experience prescribed under Rule 13 of the Kerala State Legal
Services Authority Rules, 1998, to work in Lok Adalat. (1) The Presiding Officers other than sitting Judicial Officers and members
of Lok Adalats shall be entitled to honorarium at the rate of Rs.250 and Rs.
150 each per day, respectively. (2) The sitting Judicial Officers attending or associating with Lok Adalats
on public holidays shall be given honorarium at the rate of Rs. 350 per day. (3) When the services of retired Judicial Officers are obtained from outside
the District, due to non-availability of such persons in the district
concerned, they shall be paid honorarium as fixed by the Chairman of the
District Legal Services Authority concerned in consultation with the Member
Secretary, not exceeding Rs. 400 per day.][4] (1) The Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk 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) 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 of by the Lok Adalat, an appropriate
entry will be made in the Register. (1) The appearance of lawyers on behalf of the parties at the Lok Adalat is
not barred. (2) No fee shall be levied from the parties for settlement of disputes in
the Lok Adalat. (1) Any person desirous of receiving legal services may make an application
in Form No. 1 to the High Court Legal Services Committee, District Authority or
the Taluk Legal Services Committee, as the case may be. (2) The Chairman or the Secretary of the High Court Legal Service Committee
or the District Legal Services Authority or the Chairman of the Taluk Legal
Services Committee, as the case may be, on receipt of such application consider
the eligibility under Section 12 of the Act and thereafter place the matter
before the Authority or Committee as the case may be, for appropriate orders
regarding entitlement to Legal Services: Provided any such application received by the State
Authority shall be forwarded to Legal Authorities or Committees concerned for
appropriate action. CHAPTER VII LEGAL PRACTITIONERS TO CONDUCT CASES (1) The High Court Legal Services Committee, District Legal Services
Authority and the Taluk Legal Services Committee each shall prepare and
maintain the following three panels of names of legal practitioners to conduct
cases of persons eligible for free legal services- (a) Panel of Honorary Legal Practitioners; (b) Panel of Senior Legal Practitioners; and (c) Panel of Junior Legal Practitioners. Each panel shall consist of three parts namely:- Part I for Civil Courts; Part II for Criminal Courts; and Part III for Tribunals and other authorities. The Junior panel shall consist of lawyers who have
put in not less than 2 years practice but not more than 10 years. Senior panel shall consist of lawyers who have put
in practice for a period of over 10 years. The panel of Honorary Legal Practitioners shall
consist of Lawyers who have put in atleast 3 years experience at the Bar. (2) Copies of panels so prepared by the High Court Legal Services Committee,
District Legal Services Authority and Taluk Legal Services Committee shall be
sent to the State Legal Services Authority. (3) The remuneration payable to the Legal Practitioners shall be such as is
specified in the Schedule. (4) The panels shall remain in force for 3 years. (5) Work shall be entrusted to the lawyers in the panel, by the rotation. (6) If the Authority or Committee is satisfied that the continuance of a
lawyer is against the interest of the party, the Authority or the Committee, as
the case may be, remove his name from the panel and withdraw the case from him. (7) If it appears to the State Authority, High Court Committee, District
Authority or Taluk Committee that a lawyer in the panel has committed any
professional misconduct in respect of any legal services matter so entrusted to
him the issue shall be referred to the Bar Council of Kerala for appropriate
action. (8) The lawyers shall be paid clerkage at the rate of Rs. 50 per case for
legal representation. (1) The High Court Legal Services Committee, the District Legal Services
Authority or the Taluk Legal Services Committee, as the case may be, shall
entrust the case of a person to whom legal services have been extended to a
legal practitioner in the panel by issue of an authorisation in Form No. 2
under the signature of the Secretary. [5][Provided that If a Judicial Officer before whom the case comes is
satisfied that there would be delay in getting the authorisation aforesaid, he
may entrust the case to a legal practitioner included in the panel, subject to
ratification by the Authority/Committee concerned.] (2) If it is considered necessary to pay special fee to a legal practitioner
other than legal practitioners mentioned in the panel the Secretary in the case
of the High Court Legal Services Committee and District Legal Services
Authority and the Chairman in the case of Taluk Services Committee may sanction
the same with the prior approval of the Executive Chairman with the
ratification of the State Authority. (1) The Legal practitioner conducting a case on behalf of a person to whom
legal services have been extended, shall, as soon as the case is decided apply
for copies of judgements and decrees, if any, and immediately on receipt of the
copies submit them to the Authority or Committee as the case may be, together
with detailed comments thereon. The Authority or the Committee, as the case may
be, shall take steps to recover costs, if any, awarded by the Court to the
person to whom legal services are extended and consider the feasibility of
filing an appeal or revision, if (a) the case has been decided against the person to whom legal services were
extended and the case is prima facie fit for appeal, revision or review; and (b) if that person has applied for legal services for filing appeal,
revision or review petition as the case may be, and if it is a fit case for
appeal, revision or review such Authority or Committee shall take necessary
further steps. (2) It shall be the duty of a legal practitioner to whom a case has been
entrusted to give the acknowledgement for all the papers received in the case
from the Authority or Committee concerned and to retain them safely till the
disposal of the case and to return all those papers to the Secretary of the Authority or Committee concerned under acknowledgement
before receiving his fees in the case. (3) As far as possible the Authorities, the Committees and the legal
practitioners should take only photo copies or typed copies of the original
duly attested by the party or counsel and originals shall be returned to the
party. (1) No Legal Practitioner entrusted with a legal service matter shall charge
or collect any remuneration or any expense from any person to whom legal
services have been rendered directly or indirectly, in any form whatsoever. (2) The name of the Legal Practitioner who contravenes the provisions of
clause (1) shall be removed from the panel and the case be reported to the Bar
Council for necessary action. It shall be competent for the High Court Legal
Services Committee, District Legal Services Authorities and Taluk Legal
Services Committees, as the case may be, which granted legal services to
withdraw or withhold it at any time for reason to be recorded in writing and
after intimating the person to whom legal services were rendered. CHAPTER VIII
MISCELLANEOUS The District Authority or a Taluk Committee as the
case may be, shall, subject to special or general orders of State Authority
open one or more Advice Centres in the Committee office or in a convenient
place. These Centres will be open for not less than five hours a day as may be
prescribed by the respective committees on all days except on public holidays. (1) The State/District Authorities and Committees shall hold such literacy
programmes in rural areas and educational institutions in co-ordination with
other Governmental, non-Governmental Organisations, Social Action Groups,
Universities and other bodies engaged in the work of promoting the cause of
legal services to the poor. (2) The State Authority may produce video/documentary films publicity
materials, literature and publications to inform general public about the
various aspects of the lengal service programmes. (3) The State Authority shall lay stress on the resolution of disputes and
to take extra measures to draw schemes for effective and meaningful
implementation of the scheme under the Act. The operation of the Schemes already undertaken
under the Kerala State Legal Aid and Advice Board (High Court, District and
Taluk Committees) Regulations, 1991 but not completed shall continue as scheme
undertaken under the provisions of these Regulations. [1] Issued by Notification No. D-435/98/KELSA dated 7-11-98 Pub. in K.G. Ex.
No. 1832 dated 7-11-98. [2] Inserted by Notification No. 832/D/02/KELSA dated 26-7-2003 pub. in K.G.
Ex. No. 1277 dated 15-7-03. [3] Inserted by ibid. [4] Substituted by Notification No. 832/D/02/KELSA dated 26-7-2003 pub. in
K.G. Ex. No. 1277 dated 15-7-2003. [5] Inserted by Notification No. 832/D/02/KELSA dated 26-7-2003 pub. in K.G.
Ex. No. 1277 dated 15-2003.THE KERALA
STATE LEGAL SERVICES AUTHORITY REGULATIONS, 1998
PREAMBLE