[1][THE SUPREME COURT LEGAL SERVICES COMMITTEE REGULATIONS, 1996 In exercise of the powers conferred by section 29
of the Legal Services Authorities Act, 1987, the Central Authority hereby makes
the following regulations, namely:- (1) These regulations may be called the Supreme Court Legal Services
Committee Regulations, 1996. (2) They shall come into force on the date of their publication in the
Official Gazette. In these Regulations, unless the context otherwise
requires,- (a) "Act" means the Legal Services Authorities Act, [2][1987]
(39 of 1987); (b) "Central Authority" means the National Legal Services
Authority constituted under section 3 of the Act; (c) "Chairman" means the Chairman of the Supreme Court Legal
Services Committee; (d) "Committee" means the Supreme Court Legal Service Committee; (e) Legal Service Advocate" means an Advocate who has been assigned any
work related to legal service; (f) "Legal Service Counsel-cum-Consultant" means an Advocate
appointed as legal service Counsel-cum-Consultant by the Committee; (g) "Member" means the Secretary of the Committee appointed under
sub-section (3) of section 3A of the Act. On and from the date of commencement of these
regulations,- (1) All the assets, liabilities, rights, titles and interest of the
erstwhile Supreme Court Legal Aid committee stand transferred to, and vest in.
Supreme Court Legal Services Committee; (2) The staff who have been serving under the erstwhile Supreme Court Legal
Aid Committee shall be deemed to be working for the Supreme Court Legal
Services Committee; (3) The Committee shall pay the fee bills submitted by the Legal Aid panel
Lawyers for the their professional services and all other dues incurred by and
which have been pending before the erstwhile Supreme Court Legal Aid Committee
after verifying the same; (4) The Committee shall become successor of the erstwhile Supreme Courl
Legal Aid Committee and will honour all the commitments made by the erstwhile
supreme Court Legal Aid Committee in so far as providing legal aid in cases before Supreme Court of India, is concerned. No asset
or liability of the Supreme court (Middle Income Group) Legal Aid Committee
will devolve on the committee, but the Committee may extend such facilities of
its establishment to the said Supreme Court (Middle Income Group) Legal Aid
Committee as the chairman may approve. (1) The term of the office of a member of the committee, other than ex-officio
member, shall be two years. (2) Where a person is nominated as a ex-officio member, such person shall
cease to be a member of the Committee if he ceases to hold the post or office
by virtue of which he has been nominated as a ex-officio member. (3) Any vacancy in the office of a member of the Committee shall be filled
up in the same manner as the originally appointed member and the person so
nominated shall continue to be a member for the remaining period of term of
office of that member in whose place he has been nominated. (4) A member other than ex-officio member shall be eligible for nomination
for not more than two term. The powers and functions of the Committee shall
be:- (a) To administer and implement the legal services programme in so far as it
relates to the Supreme Court of India and for this purpose take all such steps
as may be necessary and to act in accordance with the directions issued by the
Central Authority from time to time. (b) To receive and scrutinise applications for legal services and to decide
all questions as to the grant of or withdrawal of legal service; (c) To maintain panels of advocated on record and of senior advocates in the
Supreme Court for giving the legal advice; (d) To decide all matters relating to payment of honorarium costs, charges
and expenses of legal services to the advocates on record and to senior
advocates of the Supreme Court; (e) To prepare and submit returns, reports and statistical information in regard
to the legal services programme to the Central Authority. (1) The Chairman of the Committee shall be in over all charge of
administration and implementation of the programmes of the Committee: Provided that the Chairman shall not directly
concern any question as to grant or withdrawn of legal service to any person. (2) The Chairman shall cause the meetings of the Committee convened through
the Secretary at least once in a period of three months. (3) The Chairman shall preside over the meetings of the Committee. (4) The Chairman shall have all the residuary powers of the Committee. (1) The term of the Office of the Secretary shall be three years. (2) The Secretary shall be entitled to receive such honorarium as fixed by
the Chairman. (3) The Secretary can be removed at any time by the Chief Justice of India. (1) The Secretary shall be the principal officer of the Committee and shall
be the custodian of all assets, accounts, records and funds at the disposal of
the Committee. (2) The Secretary shall maintain or cause to be maintained true and proper
accounts of the receipts and disbursements of the funds of the Committee. (3) The Secretary shall convene meetings of the Committee with the previous
approval of the Chairman and also attend meetings and shall be responsible for
maintaining a record of the minutes of the proceedings of the meetings. (1) The committee shall meet at least once in three months on such date, and
at such place as the Chairman may direct. (2) The Chairman shall preside over the meetings of the Committee and in the
absence of the Chairman, a person chosen by the members present from amongst
themselves shall preside over the meetings of the committee. (3) The minutes of the proceedings of each meeting shall be truly and
faithfully maintained by the Secretary and such minutes shall be open to
inspection at all reasonable times by the members of the Committee. A copy of
the minutes shall, as soon as may be. after the meeting, be forwarded to the
Executive Chairman of the Central Authority. (4) The quorum for the meeting shall be four including the Chairman. (5) All question which come up before any meeting of the Committee shall be
decided by a majority of votes of the members present and voting, and in case
of a tie, the Chairman or the person presiding shall have the right to exercise
a second or casting vote. (1) The Committee shall maintain a Fund to be called Supreme Court Legal
Services Committee Fund to which shall be credited,- (a) such amounts as may be allocated and granted to it by the Central
Authority; (b) all such amounts received by the Committee by way of donations; (c) all such amounts by way of costs, charges and expenses recovered from
the persons to whom legal service is provided or the opposite party. (2) All the amounts credited to the said Fund, shall be deposited in a
nationalised bank. Explanation:- In the sub-regulation
"nationalised bank" means a corresponding new bank as defined in the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the
Banking Companies (Acquisitions and Transfer on Undertakings) Act, 1980. (3) For the purpose of meetings incident minor charges, such as Court-fee
stamps and expenditure necessary for obtaining copies of documents etc., a
permanent advance of Rupees two thousand five hundred shall be placed at the
disposal of the Secretary of the Committee. (4) All expenditure on legal service, accommodation and staff of the
Committee as also expenditure necessary for carrying out the various functions
of the Committee shall be met out of the Funds of the Committee and in
accordance with the prior approval of the Chairman. (5) The funds of the Committee may be utilised for meeting the expense
incurred on or incidental to travels undertaken by the Chairman or other
members of the committee or the Secretary in connection with legal services
activities. The travelling allowance and the dearness allowance payable to the
Chairman, the ex-officio members and the Secretary shall be as to which they
are entitled by virtue of their respective Officers held. (6) The Secretary of the Committee and one member of the Committee
designated by the chairman for this purpose shall jointly operate the bank
accounts of the committee in accordance with the directions of the Chairman. (7) The Committee shall cause to be kept and maintained true and correct
accounts of all receipts and disbursements and furnish quarterly return to the
Central Authority. (8) The accounts of the Committee shall be audited annually by a qualified
Auditor and submitted to the Central Authority. (1) Any person deserving legal service for bringing or defending any action
in the Supreme Court may makes an application in writing in that behalf.
However, if the applicant is illiterate or is not in position to write, the
Secretary or an officer of the Committee shall record his verbal submissions
and obtain his thumb impression/signature on the record and such record will be
treated as his application. (2) The Committee shall maintain a register of applications wherein all
applications for legal service shall be entered and registered date wise and
the action taken on such applications shall be noted against the entry relating
to such applications. (1) On receipt of an application for legal service mentioned in Regulations
11, 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. For examining the merits of
the application, the Secretary may take the assistance of legal services
advocates or other advocates willing to provide free legal advice. The
Secretary may also take the advice of the Legal Service Counsel-cum-Consultant
employed by the Committee. The Secretary shall not be precluded from seeking
more than one opinion if any particular case requires in-depth examination. (3) In case the applicant satisfies the eligibility criterial and also has
merit in his application, the Secretary shall proceed to decide the mode of
legal service. (4) An application for the grant of legal services in any matter if it is
not found fit maybe rejected, for the reasons to be recorded in writing, by the
Secretary. (5) In case of refusal for the grant of legal services, the Secretary shall
inform the applicant in writing of such refusal. (6) The applicant whose application for grant of legal services has been
rejected may prefer an appeal before the Chairman for a decision. Legal services to be provided may include anyone or
more of the following:- (a) payment of court-fees, process fees and all other charges payable or
incurred in connection with any legal proceedings; (b) charges for drafting, preparing and filling of any legal proceedings and
representation by a legal practitioner in legal proceedings; (c) cost of obtaining and supply of certified copies ofjudgments, orders and
other documents in legal proceedings; (d) cost of preparation of paper book (including paper, printing and translation
of documents) in legal proceedings and expenses incidental thereto. Legal services shall not be given in the following
cases, namely. (1) Proceedings wholly or partly in respect of (a) defamations; or (b) malicious prosecution; or (c) a person charged with contempt of court proceedings; and (d) perjury. (2) Proceedings relating to any election (3) Proceedings incidental to any proceedings referred to in sub-regulations
(1) and (2). (4) Proceedings in respect of offences where the fine imposed is not more
than Rs. 50/- (5) Proceedings in respect of economic offences and offences against social
laws, such as, the Protection of Civil Rights Act, 1955, and the Immoral
Traffic (Prevention) Act, 1956 unless in such cases the aid is sought by the
victim: Provided that the Chairman may in an appropriate
case grant legal services even in such proceedings. (6) Where a person seeking legal services, (a) is a concerned with the proceedings only in a representative or official
capacity; or (b) if a formal party to the proceedings, not materially concerned in the
outcome of the proceedings and his interests are not likely to be prejudiced on
account of the absence of proper representation. Irrespective of the means test, legal service may
be granted- (a) in cases of great public importance; or (b) in a special case, reasons for which to be recorded in writing, is
considered otherwise deserving of legal services. (1) The legal service advocate shall be paid such honorarium as may be fixed
by the Committee. (2) No legal service advocate to whom any case is assigned either for legal
advice or for legal services shall receive any fee or remuneration whether in
cash or in kind or any other advantage, monetary or otherwise, from the aided
person or from any other person on his behalf. (3) The legal service advocate who has completed his assignment, shall
submit a statement showing the honorarium due to him together with the report
of the work done in connection with the legal proceeding conducted by him on
behalf of the aided person, to the Secretary of the Committee, who shall, after
due scrutiny sanctions the fee and expenses payable to him. It will, however,
be open to the legal service advocate to waive the honorarium wholly or
partially. In case of any dispute on the quantum payable to the legal service
advocate, the matter shall be placed before the Chairman for decision. (1) A person seeking legal services shall comply with any requisition or
direction that may be made upon him by the Secretary of the Committee or any of its members from the date the application for legal services
is made till he enjoys the legal services granted to him. (2) [3][xxxx] (3) Every aided person or his representative shall attend the office of the
Committee as and when required by the Committee or by the legal service
advocate rendering legal aid to him and shall furnish full and true information
and shall make full disclosure to the legal service advocate concerned and
shall attend the court, as and when required. at his own expense. (1) The Committee may either on its own motion or otherwise withdraw legal
services granted to any aided person in the following circumstances, namely:- (a) in the event of it being found that 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 misconduct, misdemeanor or negligence on the part 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 Committee; (f) in the event of death of the aided person, except in the case of civil
proceedings where the right or liability survives; (g) in the event of the application for legal service or the matter in
question is found to be an abuse of the process of law or of legal services: Provided that 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, to show cause as to why the legal
service should not be withdrawn. (2) Where the legal services are withdrawn on the grounds set out in clause
(a) of sub-regulation (1) above, the Committee shall be entitled to recover
from the aided person the amount of legal service granted to him. Affidavit I....................................................................aged
about................................ years, son
of/daughter of/wife of
Shri.................................................................. Resident of.................................do
hereby solemnly affirm and state as under:- (1) (a) I belong to a member of a Scheduled Castes/Scheduled Tribes, (b) I am a victim of trafficking in human beings or
a beggar. (c) I am eligible for legal service as I am a
woman/child. (d) I am a mentally ill or otherwise disabled
person. (e) I am a person under circumstances of undeserved
want being a
victim of a mass disaster, ethic violence, caste
atrocity, flood, drought,
earthquake or industrial disaster. (f) I am an industrial workman, (g) I am in custody, (h) My annual income from all sources is below Rs.
18,000/ (rupees
eighteen thousand only). (Delete 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 of all facts of my case to the
legal service advocate to be provided by the Committee. (4) I seek to approach the Honourable Supreme Court of India (a) in appeal from the Judgement of.................................. In................................ (b) in writ jurisdiction for.................................... (Delete whatever is not applicable) [4][xxxx] [5][6] 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 Paragraphs 1 to 4 are true and
correct to my knowledge; nothing stated therein is false and nothing has been
concealed. So help me God. Verified on this day of..............199
at......................... Deponent [1] Pub. in Gazette of India, Ex. pt. 11, S. 3(ii) dated 26-7-1996 vide GSR
336(E) dated 26-7-1996. [2] Substituted by G.S.R. 425 (E) dated 10-6-1999, w.e.f. 10-6-1999. [3] Omitted by G.S.R. 150 (E) dated 22-2-2000. w.e.f. 22-2-2000. [4] Omitted by G.S.R. 150(E) dated 22.2.2000. w.e.f. 22.2.2000. [5] Renumbered by ibid, w.e.f. 22.2.2000.THE SUPREME COURT LEGAL SERVICES COMMITTEE
REGULATIONS, 1996
PREAMBLE