MADHYA PRADESH DISTRICT LEGAL AID OFFICER (RECRUITMENT) RULES, 2007

PREAMBLE

In exercise of the powers conferred by sub-sections (5) and (6) of Section 6 read with Section 28 of the Legal Services Authorities Act, 1987 (39 of 1987), the State Government, in consultation with the Chief Justice of High Court of Madhya Pradesh, hereby makes the following rules, namely:

RULES

Rule - 1. Short title, commencement and application.

(1)     These rules may be called the Madhya Pradesh District Legal Aid Officer (Recruitment) Rules, 2007.

(2)     They shall come into force from the date of their publication in the Madhya Pradesh Gazette.

(3)     They shall be applicable to all District Legal Aid Officers of the Madhya Pradesh.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Direct Recruitment" means direct recruitment in the manner prescribed in sub-rule (1) of Rule 4;

(b)      "Government" means the Government of Madhya Pradesh;

(c)      "State" means the State of Madhya Pradesh;

(d)      "Chief Justice" means the Chief Justice of the High Court of Madhya Pradesh;

(e)      "Executive Chairman" means the Executive Chairman of the State Legal Services Authority constituted under Section 6 of the Legal Services Authorities Act, 1987;

(f)       "State Authority" means the Madhya Pradesh State Legal Services Authority constituted under Section 6 of the Legal Services Authorities Act, 1987 (39 of 1987);

(g)      "Schedule" means schedule appended to the Madhya Pradesh State Legal Services Authority Rules, 1996;

(h)     "Scheduled Caste" means any caste, race or tribe or part of or group within a caste, race or tribe specified as scheduled Caste with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India;

(i)       "Scheduled Tribe" means any tribe, tribal community or part of or group within a tribe or tribal community specified as Scheduled Tribe with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India;

(j)       "Other Backward Classes" means the other backward classes of citizens as specified by the State Government Vide Notification No. F-8-5-XXV-4-84, dated the 26th December, 1984 as amended from time to time.

(2)     The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Legal Services Authorities Act, 1987 (39 of 1987).

Rule - 3. Number of District Legal Aid Officers.

The State Legal Services Authority shall have such number of District Legal Aid Officer, as may be specified in the Schedule appended to the Madhya Pradesh State Legal Services Authority Rules, 1996 by the State Government in consultation with the Chief Justice of the Madhya Pradesh High Court from time to time.

Rule - 4. Appointing Authority and Method of appointment.

(1)     All appointments to the post of District Legal Aid Officer shall be made by the Madhya Pradesh State Legal Services Authority by direct recruitment on the basis of selection.

(2)     The candidates shall be selected on the basis of written examination conducted by the Madhya Pradesh State Legal Services Authority and Viva-voce thereafter:

Provided that the procedure and curriculum for holding examination for selection of the candidates shall be prescribed by the Madhya Pradesh State Legal Services Authority:

Provided further that the Executive Chairman shall be the Chairman of the Selection Committee and shall preside over the Selection Committee.

(3)     The examination shall be conducted every year as far as possible on the basis of availability of the vacancies by the Madhya Pradesh State Legal Services Authority for selection of candidates.

Rule - 5. Reservation of posts for Scheduled Castes, Scheduled Tribes and Other Backward Classes.

(1)     Posts for direct recruitment shall be reserved for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the provisions of the Madhya Pradesh Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994.

(2)     There shall be reserved posts for women candidates in accordance with the provisions of Madhya Pradesh Civil Services (Special Provision for Appointment of Women) Rules, 1997.

(3)     There shall be 3% reserved posts for disabled candidates provided that they are found competent for the work for which they arc being appointed.

(4)     Certification by the Appointing AuthorityAppointing Authority shall endorse on the appointment order to be issued by him, a certificate to the effect that he has complied with the provisions of the Madhya Pradesh Lok Seve (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and the instructions issued in the light of the provisions of the said Adhiniyam by the State Government.

Rule - 6. Eligibility.

(1)     A person shall be eligible for appointment by direct recruitment to the post of District Legal Aid Officer, if

(a)      he is a citizen of India;

(b)      he has attained the age of 21 years and not completed the age of 35 years on the first day of January of the next following year, in which applications for recruitment are invited:

Provided that the upper age limit shall be relaxable upto a maximum of three years, if the candidate belongs to Schedule Castes, Scheduled Tribes or Other Backward Classes:

Provided further that the upper age limit shall be relaxable upto a maximum of 10 years in respect of a Woman candidate in accordance with the provisions of the Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997:

Provided also further that the upper age limit shall be relaxable upto 5 years in respect of the widow, destitute and divorced women candidates:

Provided also further that the upper age limit of a candidate, who is a Government Servant (whether permanent or temporary) shall be relaxable upto 38 years:

(c)      he possesses a Degree of Law from a recognized University;

(d)      he has practised as an Advocate for not less than three years on the first day of January of the year, in which the applications for recruitment are invited; and

(e)      he has good character and is of sound health and free from any bodily defect which renders him unfit for such post.

(2)     Fees. The candidate must pay the fees prescribed by the Appointing Authority.

Rule - 7. Disqualification.

(1)     Any attempt on the part of a candidate to obtain support for his/her candidature by any means may be held by Madhya Pradesh State Legal Services Authority to disqualify him from admission to the examination;

(2)     No candidate shall be eligible for appointment to the post of District Legal Aid Officer, who has married before the minimum age fixed for marriage;

(3)     No candidate shall be eligible for appointment to the post of District Legal Aid Officer who has more than two living children, one of whom is born on or after 26th January, 2001.

Rule - 8. Madhya Pradesh State Legal Services Authority's decision about the eligibility of the candidate shall be final.

The decision of the Madhya Pradesh State Legal Services Authority to the eligibility or otherwise of a candidate for admission in the examination shall be final.

Rule - 9. List of candidates recommended by the Madhya Pradesh State Legal Services Authority.

(1)     Madhya Pradesh State Legal Services Authority shall forward to the Government a list arranged in order of merit of the candidates, who have qualified by such standard, as the State Legal Services Authority may determine. The list shall be published for general information.

(2)     Subject to the provisions of these rules and the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961, candidates shall be considered for appointment to the available vacancies in the order, in which their names appear in the list.

(3)     The inclusion of a candidate's name in the list does not confer any right to appointment unless the Appointing Authority is satisfied after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

(4)     The select list shall be valid for a period of one year from the date of its issuance.

Rule - 10. Probation.

(1)     A person appointed to the post of District Legal Aid Officer shall from the date on which he joins duty, be on probation ordinarily for a period of two years.

(2)     The State Legal Services Authority may at any time extend the period of probation.

(3)     On successful completion of probation, a probationer shall, if there is permanent post available, be confirmed on the post to which he has been appointed and if no permanent post is available, a certificate shall be issued by the State Legal Services Authority to the effect that he would have been confirmed, but for non-availability of permanent post and as soon as a permanent post becomes available, he will be confirmed.

Rule - 11. Posting and Transfers.

All postings and transfers of District Legal Aid Officers shall be made by the Executive Chairman.

Rule - 12. Seniority.

The seniority of persons appointed on the post of District Legal Aid Officer shall be determined in accordance with the provisions of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961.

Rule - 13. Oath.

Every person appointed on the post of District Legal Aid Officer, before he joins, shall make and subscribe before such person, as may be specified by the Chief Justice, oath or affirmation in the following form:

"I,...........having been appointed as District Legal Aid Officer do hereby swear in the name of the God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India.

That I will duly and faithfully and to the best of ability and knowledge perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and law."

Rule - 14. Power of Relaxation.

Where the Chief Justice is satisfied that the operation of any of these rules causes undue hardship in any particular case, he may, by order, for the reasons to be recorded in writing, dispense with or relax the particular rule to such extent and subject to such exceptions and conditions, as may be deemed necessary:

Provided that as and when any such relaxation is granted by the Chief Justice, the State Government in Law Department, shall be informed of the same.

Rule - 15. Removal of doubts.

If any doubt arises relating to the interpretation of these rules, the decision of the Chief Justice of the High Court of Madhya Pradesh shall be final.

Rule - 16. Repeal and Saving.

All rules corresponding to these Rules, Orders, Circulars and Resolutions, if any, and in force immediately before the commencement of these rules, are hereby repealed in respect of matters covered by these rules:

Provided that any order made or action taken under the Rules, Orders, Circulars and Resolutions so repealed, shall be deemed to have been made or taken under the corresponding provisions of these Rules.