In exercise of the powers
conferred by Section 29-A of the Legal Services Authorities Act, 1987 (Act No.
39 of 1987) the Uttar Pradesh State Legal Services Authority hereby makes the
following regulations : CHAPTER I PRELIMINARY (1)
These regulations may be called as District Legal Services
Authorities (Transaction of Business and Other Provisions) Regulations, 1997. (2)
They shall come into force with effect from the date of their
publication in the Official Gazette. (1)
In these regulations, unless the context otherwise requires : (a)
"Act" means the Legal Services Authorities Act, 1987; (b)
"Aided person" means a person to whom legal aid, legal
advice or legal services has been provided in any form; (c)
"Central Authority" means National Legal Services
Authority constituted under Section 3; (d)
"Chairman" means the Chairman of the District Authority; (e)
"District Authority" means District Legal Services
Authority of the district constituted under Section 9; (f)
"Legal Service" includes the rendering of any service in
the conduct of any case or other legal proceeding before any court or other
authority or Tribunal and the giving of advice on any legal matter; (g)
"Lok Adalat" means a Lok Adalat organised under Chapter
VI of the Act; (h)
"Member" means a member of the District Authority; (i)
"Rules" means the Uttar Pradesh State Legal Services
Authority Rules, 1996; (j)
"Secretary" means the Secretary of the District
Authority; (k)
"Section" means a section of the Act; (l)
"State Authority" means the Uttar Pradesh State Legal
Services Authority constituted under Section 6. CHAPTER II FUNCTIONS, MEETINGS AND FUND OF THE AUTHORITY (1)
The District Authority shall perform the following functions, namely
: (a)
Organise Lok Adalats within the district, including at Tehsil
level for all categories of cases which are capable of settlement at Lok
Adalat; (b)
Provide legal aid, legal advice, legal literacy and other legal
services in any matter to be filed or defended in any civil, criminal or
revenue court of the district or any other authority constituted under any Law
for the time being in force to exercise Judicial or quasi-Judicial functions at
the district level; (c)
Organise Legal Literacy camps, more particularly in the areas
predominantly inhabited by the Scheduled Castes and Scheduled Tribes and other
weaker sections of the society; (d)
Carry out and coordinate conciliation work directly or through
organisations of individuals engaged in the service of the poor and weaker
sections of the society, in particular, women, children, members of Scheduled
Castes and Scheduled Tribes; (e)
Carry out legal aid, legal advice, legal literacy and other legal
services, programmes and schemes with the object of affording equal
opportunities in the field of law to the weaker sections of the society in
accordance with directions of the Central Authority and State Authority; (f)
Act in coordination with other governmental and non-governmental
organisation, Universities and other organisations and individuals engaged in
the work of promotion of legal services to the poor and other weaker sections
of the society; (g) give effect to the policies and programmes of the Central
Authority and the State Authority; (2) The District Authority shall perform
such of the functions of the State Authority in the district as may be
delegated to it, from time to time, by the State Authority. (1)
The Secretary shall be appointed by the State Authority in
consultation with the Chairman from amongst the officers specified in subsection
(3) of Section 9. (2)
The Secretary shall be the principal officer of the District
Authority. He shall: (a)
be responsible for carrying out the programmes of Lok Adalats,
Legal Aid, Legal Advice and Legal Literacy and all day to day work conducted
therewith; (b)
exercise such powers, perform such functions and discharge such
duties as may be assigned to him by the Chairman; (c)
be the costodian of all assets, accounts, records and funds of the
District Authority and shall ensure proper maintenance and upkeep of the
records of the District Authority; (d)
maintain or cause to be maintained true and proper Accounts of the
receipts and disbursements of the funds of the District Authority in accordance
with the provisions of Section 18. (3)
The Secretary shall act and discharge his duties and perform his
functions as Secretary in addition to his duties and work as Judicial Officer
and for that purpose he may be paid honorarium at the rate of Rs 500 per month
as has been determined in consultation with the Chief Justice of the Allahabad
High Court. (1)
The District Authority shall meet once in every three months : Provided that the Chairman may
convene a meeting of the District Authority whenever any business is to be
transacted. (2)
Annual general meeting of the District Authority shall be convened
ordinarily in the month of April every year or in such other month as may be
directed by the Chairman. (3)
A meeting of the District Authority, shall be presided over by the
Chairman. (4)
The quorum for a meeting shall be seven members including the
Chairman. (5)
For every meeting of the District Authority, at least two weeks
notice shall be given to the Members to attend the meeting; however, an
emergent meeting may be convened by the Secretary in accordance with the
directions of the Chairman on a short notice. (6)
The District Authority shall regulate its own procedure. (7)
One or more persons who are engaged or interested in the
upliftment of the weaker sections of the society who are considered suitable by
the Chairman, may be invited for any meeting in order to seek their views, cooperation
and help. Such person shall, have no right to vote at such meeting. (8)
(a) All policy and other important matters shall be brought before
the District Authority for consideration and decision. (b) Any specific matter or
matters as may be desired or required by the District Authority, generally or
otherwise, to be placed before it, shall be placed before the District
Authority for its consideration and decision. (c) In respect of emergent
matters, the Chairman may exercise the powers and perform the functions and
discharge the duties of the District Authority. All such matters shall,
however, be placed before the District Authority for its information and
approval. (9)
All decisions at the meetings shall be taken by the majority of
the members present and voting and in case of tie, the person presiding over
the meeting shall have a second or casting vote. (10)
It shall be the duty of the Secretary to duly record or cause to
be recorded the minutes of every meeting in the register to be maintained for
the purpose. (11)
A copy of the proceedings of every meeting shall be sent to the
State Authority as soon as may be after the meeting. (12)
The non-Official Members shall be entitled to payment of
travelling allowance and daily allowance in respect of the Journeys performed in
connection with the work of the District Authority at the rates admissible to a
Group 'A' officer of the State Government. (1)
The District Legal Aid Fund shall consist of the following, namely
: (a)
all sums of money paid or any grants made by the State Authority
to the District Authority for the purposes of the Act; (b)
any grants or donations that may be made to the District Authority
by any person with the prior approval of the State Authority, for the purposes
of the Act; (c)
any other amount received by the District Authority under the
orders of any Court or from any other source. (2)
The District Legal Aid Fund shall be applied for meeting the Cost
of the functions referred to in sub-section (2) of Section 17. (3)
The accounts and other relevant records and statement of the
District Authority shall be maintained properly in such form and in such manner
as may be prescribed under Section 18 and until so prescribed it shall be done
as may be directed by the State Authority. CHAPTER III LEGAL SERVICES (1)
Legal Aid, Legal Advice or Other Legal Services may be provided by
the District Authority in matters before any civil, criminal or revenue court
within the district or any authority constituted under any Law to exercise
Judicial or Quasi-Judicial functions at the district level. (2)
A person shall be entitled to Legal Aid, Legal Advice or there
Legal Services if that person is : (a)
a member of a Scheduled Caste or Scheduled Tribe; (b)
a victim of trafficking in human beings or begar as referred to in
Article 23 of the Constitution of India; (c)
a woman or a child; (d)
a mentally ill or otherwise disabled persons; (e)
a person under circumstances of undeserved want, such as being a victim
of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake
or industrial diaster; or (f)
an Industrial workman; or (g)
in custody, including custody in a protective home within the
meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act,
1956 or in a Juvenile Home within the meaning of clause (1) of Section 2 of the
Juvenile Justice Act, 1986, or in a Psychiatric Hospital or Psychiatric Nursing
Home within the meaning of clause (g) of Section 2 of the Mental Health Act,
1987; or (h)
in receipt of annual income from all sources up to rupees twelve
thousand or higher amount as may be fixed, from time to time, under Rule 16 of
the Rules. (1)
Legal Aid, Legal Advice or Other Legal Services may by refused : (a)
to a person in a case of contempt of Court; (b)
to a person in proceeding relating to any Election; (c)
in proceedings under Immoral Traffic (Prevention) Act, 1956 except
to a victim of trafficking in human beings; (d)
in proceeding under the protection of Civil Right Act, 1955 except
to a person who is subjected to any disability under this Act; (e)
to a person accused of an offence committed under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (2)
Legal Services may also be refused in respect of a case of
defamation or malicious prosecution where the Secretary is satisfied that it is
a suitable case for such refusal in the totality of facts: Provided that reasons for
refusing legal services shall be recorded in writing and order of the Chairman
shall be obtained before the legal services are refused under these
regulations. Legal Services may be given in
any one or more of the following modes, namely : (a)
towards payment of Court-fee, Process-fee and other charges
payable or incurred in connection with any legal proceedings; (b)
through engagement of a Legal practitioner; (c)
for obtaining and supply of certified copies of judgment, order
and other documents in legal proceedings. Provided that payment of
court-fee, process-fee and other expenses shall be allowed to the extent as per
the general orders of the State Authority. (1)
Any person requiring legal aid, legal advice or legal services may
make an application addressed to the Secretary. (2)
The District Authority shall maintain a register of applications
wherein all applications for legal aid, legal advice or legal services shall be
entered and registered and the action taken on such applications shall be noted
against the entry relating to each such application. (1)
On receipt of an application for legal aid, legal advice or legal
services the Secretary shall scrutinise the application to satisfy himself that
the same is in order as regards eligibility and other requirements of the rules
and regulations and, wherever warranted, the applicant may be required to
submit further information as may be necessary. (2)
The Secretary shall consider the application and pass necessary
order for granting or refusing to provide legal aid, legal advice or other
legal services : Provided that where it is
proposed to disallow the application, reasons for so doing shall be duly
recorded in the register of applications maintained for the purpose : Provided further that the order
of the Chairman shall be obtained before a person is denied legal aid, legal
advice or legal services. (3)
No application for legal aid, legal advice or legal services shall
be allowed, if the Secretary is satisfied that: (a)
the applicant has knowingly made false statement or furnished
false information as regards his means or in respect of any other material
fact; or (b)
there is no prima-facie case to institute or as the case may be,
to defend the proceedings; or (c)
the application is frivolous or vexatious; (d)
the applicant is not entitled to the same under these regulations;
or (e)
having regard to all the relevant facts and circumstances of the
case, it is otherwise not expedient and reasonable to grant it. Provided that order of the
Chairman shall be obtained before an application is disallowed under any of the
aforesaid clauses. Every aided person or his
representative shall attend the office of the District Authority as and when
required by the Secretary or by the advocate concerned and shall provide and
furnish such particulars or information as may be considered necessary and
shall make full disclosure of the particular or information so required. He
shall attend the court or proceedings at his own expense. (1)
Where an application for legal aid, legal advice or legal services
is allowed, a certificate of eligibility will be issued in favour of the
applicant entitling him to legal aid, legal advice or legal services in respect
of a proceeding. (2)
The certificate of eligibility shall stand cancelled if the legal
aid, legal advice or legal services is withdrawn. In every such case the
advocate to whom the case of the person concerned is assigned, as also the
court or judicial or quasi-judicial authority, before which the case is
pending, shall be informed accordingly in writing. (1)
The District Authority may, either on its own motion or otherwise,
cancel the certificate of eligibility granted under Regulation 13 in the
following circumstances, namely : (a)
in the event of being found that the certificate of eligibility
was obtained by the aided person by misrepresentation of fraud; (b)
in the event of any material change in the circumstances of the
aided person; (c)
in the event of any misconduct, misdemeanour or negligence on the
part of the aided person in the course of proceedings; (d)
in the event of the aided person not cooperating with the District
Authority or with the advocate provided by the District Authority; (e)
in the event of the aided person engaging on advocate at his own
expense who in the opinion of the Secretary can suitably look after the matter; (f)
in the event of death of the aided person, however, in the case of
civil proceedings where the right or liability survives; legal services may be
continued where the legal representative is also eligible for such aid; (2)
No certificate of eligibility shall be cancelled under clause (1)
without affording an opportunity to the aided person or to his legal
representative in the event of his death to show cause as to why the
certificate should not be cancelled. (3)
Where the certificate of eligibility of aided person is cancelled
under sub-regulation (1), legal aid, legal advice or legal services shall be
discontinued and the amount already given for such legal aid, legal advice or
legal service may be recovered in full or part as may be decided by the
Secretary with the approval of the Chairman. (1)
A panel of suitable advocates who are agreeable to conduct the
case or Proceedings on behalf of the persons in whose favour a certificate of
eligibility has been issued shall be prepared by the District Authority.
Ordinarily, the panel so prepared shall be valid for two years. A copy of the
panel so prepared shall be sent to the State Authority for information, advice
and direction, if any. Such advocates shall be paid fee or honorarium at such
rates as may be determined, from time to time, by the State Authority. Until so
determined the rates of fee or honorarium fixed for the purpose under relevant
State Government orders shall continue. (2)
No legal practitioner to whom any case is assigned for legal aid,
legal advice or legal services shall receive any fee or remuneration, whether
in cash or kind or any other advantage, monetary or otherwise, from the aided
person or from any other person on his behalf. (3)
A legal practitioner on the panel, who has completed his
assignment, shall submit a statement showing the fee or honorarium due to him
in connection with the legal proceedings conducted by him on behalf of the
aided person to the Secretary who shall, after due scrutiny and approval of the
Chairman, sanction the amount to the paid to the advocate concerned. (4)
An advocate may provide legal aid, legal advice or legal services
without charging any fee or honorarium. (5)
The Chairman may, in suitable cases, appoint any advocate, not on
panel, to file or defend case.THE
DISTRICT LEGAL SERVICES AUTHORITIES (TRANSACTION OF BUSINESS AND OTHER
PROVISIONS) REGULATIONS, 1997
PREAMBLE