Maharashtra State Legal Services Authority Regulations, 1998.

cac LAW AND JUDICIARY DEPARTMENT Mantralaya, Mumbzi 400 032, dated 30th March 1998 LEGAT, SERVICES AUTHORITIES ACT, 1987 . ~ No. LAB. 1895/359 (642)-XXII.—In exercise of the powers conforred under the provistons of section 29A of the Legal Seryices Authorities Act, 1987 and in consultation with the Hon’ble The Chief-Justice of Bombay High Court, the State Government hereby makes the following Refulations, - PRELIMINARY अ 1. Short title and coanxenwmenr.l These, Regulations may be called Maharashtra Statc Legal Services Authori] 078, न — (2) Thiey shall come into force on the 30th day of Mazch 1998. . - « 2. - Definitions—(1) In these Regulations, unless the context otherwise requires — - . रे “:Act " incans; the, Eegal Services Authorities ठर, 1987 (No. 39 of (8) “* Chairman > means the Executive Chairman of the State Authority;™~ or 88 the case may be, the Chairman of the High Court Legal Setvices Committee or the Chairman of the Sub-Committee, as the case may be, the Chairman of the District Legal Scrvices Authority, or the Chairman of ‘Taluka Committee; (2) * District Authority १ means the District Legal Services Authority constituted under section 9 of the Legal Servicos Authorities Act; (४) ' High Court Committee *’ means the Bombay High Court Legal Services Committee at Mumbai and Sub-Committees at-its benches at present functioning at Nagpur and Aurangabad and its benclies that may be formed at any other place within the State of Maharashtia; (e) ““ Legal Practitioner” shall have the meaning assigned to that expression in the Advocates Act, 19 () Member १ means a member of the State Authority, पाड High Cngur Committee, the Sub-Committes, the District Authority or the Taluka Committee as the case may 06; (2) ४ Nominated Member ** means 8 member nominafed 10 the State Authority, the High Court Compmittee, the Sub-Committee, the District Authority or the Taluka Committee as the case may be; (9) * Patron-in-Chief १ means the Patron-in-Chief of the State Legal Services Authority i.e. the Chief Justice गु the Acting Chief Justice of the High Court of Bombay, as the-case may be; L (‘18) “ Rules” means the Maharashtra State Legal Services Authority Rules, (7) * State Authority ” means the Maharashira State Legal Services Authority; (k) Taluka Committee > means the Talwka Legal Services Committee constituted inder section 11-A of the Legal Services Authorities Act; (2) All other words and expressions-used in these Regulations but 00६ d:finbu shall have पाड meaning respectively asSigned to,them in the Act and the Rul framed thereunder. . CHAPTER 11 . EXECUTIVE AUTHORITY 3. Meeting of the Executive Authority.— (1} The oxacutive authority of the State Authority shall vest in the Execufive Chairman-and may 90 éxercised by ती -Membei-Secretary who -shall ~act under the control of the Exécutive irman, . L' ~ (2) The executive authority of the District Authority shall vést in its Chairman Cland it may be exercised by its Secretary who'shall act under the control of the hairman, . (3) The executive authority of the Taluka Committec shall vest in_its Chairman and may be exercised either by himself or through suth other officer’ who 15 choson for the purpose. ग . CHAPTER 11T . 4. Functions of the State Authority under section 7 (I and 7 (2).of the dct— — L—‘l कः addition to the functions to be performed by the State Autliority as laid down section 7 (1) and 7 (2) of the Act, the State Authority may 8180 perforin the lowing additional functions :— (i) The State Authority may conduct legal literacy camps in differesit parts of-the State to bring awareness about the legal aid 8008055 conducted in the State and with a view to make them aware of their Jegal rights and dutjes with- special refereice to the tribal and rural population, women, children, disabled, handicapped and the weaker sections of the society. (४) The Statc Authority may conduct legal aid clinics in differesit parts of the State in collaboration with Law Colleges, Universities and other social service organisations. . - (jif) The State Authority may also establish or _direct the District Authority to establish standing conciliation Committees ‘at various:centzes in the State witl a view to providing permanent or quasi-permanent infra- structures for resolving legal disputes bstween the parties, whether they may be pending in courts or may be in the offing. For conducting such Comuiittees it will be open to the State Authority to take active assistance/support of such ‘socizl service organisations that have zeal for fegal aid work. (iv) The State Authority may review the cases where defal services are refused by the District Authority on application and the,decision ofthe State Authority shall be final. ग ' B . CHAPTER IV < Constiturion 08 THE HiGH COURT 1087, SERVICES COMMITTEE AT MUMBAT AND रड SUB-COMMITTEES AT 1T$ BENCHES; THEIR POWERS AND FUNCTIONS. - R ~ 5. Duties andi functjons of the High Court Legal Seiices Commitlee as per section 8०4 (i) of the Act—The High Court.Legal Servieés Committee and the Sub‘Committees shall perform all or any.af the Tollowing functions , namely . () To give free legal service to persons who' may have to file or defend- litigations pending in the High-Court and who satisfy the eligibility criterja- * laid down for the purpose of receiving free legal aid under the Act. - (र) To organise Lok Adalats for settlement of cases psnding in the High — Court, under the supervision of the Stute Authority. ) 6.. Consfitution of the High Cowrt Legal Services Committee at Mumbuic 1 पतला Aurangabygd, their powers and functions as pér section 8-A of the Act.~ The State Authority shall constitute a High Court Committes'and शड sub-committes, consisting of a sitting Judge of the ¥igh Court who shall be nominated by Patron-in-Chief as Chairman and the following other members also to be nominated by Patron-in-Chief :— (i) The Presidents of Bombay Bar Association, Advocates Association-of ‘Western India, Incorporated Law Society at Mumbai, Presidents of High- Const Bar Association , Nagpur, Vidharbha Labour Practitioners® Assotia- tion, Ndgpur, and Président of High Court Bar Association, Aurangabad. (i) One Member out of Bar Association 0! Bombay and one member og the _Sub-Committee from Bar Association of Nagpur and Aurangabad - उ respectively, having at least 10 years of standing at the Bar. ) (i) An eminent socipl worker engaged in welfare of the weaker sections of २ +the society including Scheduled Castes Scheduled Tribe or Member of Qther (i¥) An eminent 907509) in the field of Law. 7 (¥) A.person of repute and standing who is specifically interested in the implementation of the Legal Services Schemes. 7. Term of office of -the members and Secretary of the झा Counrt Legal Services Compmittee and दळ -sub-commitrees—(7) The term of 00106 of the Secretary and the Members of the High Cowrt Committee and “its Sub-Committees shal] be of 00६ year. - (i) All the Members of the Committees except théSecretary shalf function ' in the honorary capacity, (ग्र) ग any member including the Chairman ceases to be the member of High Court Committee and/or the Sub-Coiumittees.for any reason, the vacanth;gc - shall be filled up in the same manner as the original nomination and the person | e 30 nominated री continde (0.७6. (8 mentver or the'Chairman, asthe case may री be, for :edharcma’im'ng term of the riermber or the"Chairman in whose place he is nominated. - (19) A member of the High fli,Court Legal Services Committes andfor its Sub-Committess may.resign his office. by writing under his hand addressed to (06. Patron-in-Chief and forwarded by the Chairman of the High Court Committee and- its Sub-Committess, The resignation shall take effect from the date on which it is aocepted. - 1. ‘ CHAPTER V . Dirrator Aursorfy - 8. The corniditions relating to the ‘lerms of Office of thé Meémbers and the Secretary of the Committee, under Section 9 (4) of the Act.—The term of Office of the Members of धार District Authority :— v 3 ’ (i) The term of Qffice of the Members and the Secretary ofthe District Authority shall be for a period of one year. त ) If any member of the District Authority ceases to be the member for any reason, the vacancy shall be filled up in the same manner 85 the original nomination and the person 80 nominated shall continue torbe पुट member for पाड remaining term 01 the member, in whose place he-is nominated. (i) A member of the District Authority may resigh his office by writing under his hand addressed (0 the State Authority through the Executive Chairman of the State Authority and forwarded through the Chairman of the District Ad-uthority. The resignation sheli take effect from the date oit which it is accepted. . 9. Additional functions of the District Authority.—In addition to the functions assigned by the provisions of the Act and the Rules, the™ District Adithority shall perform the following functios subject (0 the gensal superinten- dence and control of the State Authority: — . (i) To perform झाले. other functions as पाळ State Authority ‘may fix by }l Regulations from time 10 time and shall.also be guided by such directions as Central Anthority or the State Authofity, may give, in writing from time to time; (iiy To conduct legal literacy camps in difforent areas of “the District, especially in rural and tribal areas, with a view to bring awareness about 'the legel aid schemes, conducied in the Stete and also with a view to make them aware of their legal rights and.duties with special reference to tribal and rural population andfor womenfor childrenfor disabled/or handicapped and the ‘weéaker “sections of the socicty; N - - . (iif) To conduct legal aid clinics in different pacts of the District in collabo- नळे ration पर Law Colleges; Um'v‘ersit,ies and other social service organisations; (i) To direct, supervise and guide the working of the Taluka Committess in the District; N (9) To call for, from the Taluke Commitices-in the District such periodical rl—cports, returns दात other information as it may think fit or as are required by the State Authority; ' र ग (v) To prepare, tonsolidate and submit such reports, returns and such ना उप respect of District Authorities, 8४ (5 State Authority may-<all « (vif) To receive applications for Legal Services and ensure that every application is promptly processed and disposed 01) (शध) To consider the cases brought before it for 12521 Serviee, J'Ilcillfllllz. prelitigation matters and decide as to what extend legal Services can be made available to the applicant; (ix) To pursue the parties to appear and make efforts to bring zbout 8 just settlement between them and if necessary also refuse the legal services, if in its opinion the conciliation has failed due to any fault on the part of the applicant; (%) To encourage. ind promote conciliation and settlement in all legal proceedings including prelitigations; (%) To take proceedings for xecovery of costs awarded (0 a person to whom legal services were rendered; . (xii) To review the cases on application where legal services are refused by the Taluka Committees. 10. Decisions by Resolutions.— All decisions of the State Authority, High Court Comimitiee dnd its Sub-Commiittees, Distriot Authority, or the Taluka. Committee shall be by way of Resolution passed in the meeting and ifi the event of an equal division of Votes, the decision of the Executive Chairman ण पाट Chairman of the different other bodies 85 the case may be, shalLbe final : Provided that in such matters'as may-be dirested by the Executive Chajrman or the Chairman of the different other bodies, as the case may be, the decision of the State Authority or of the High Court Committee, the District Authority or the Taluka Committee may 06 taken by circulation/resolation. 11. (2) Members other than Ex-Officio arc cntitled to travelling-allowance and daily allowance for attending the meetings which shall not be less ‘than payable to Class I Gazetted Officer. (8) An account shall be openc‘d in any of the nationalised banks by the State Authority and District Authority respegtively as “ State Legal Aid Fund ** and * District Legal Aid Fund > respectively. . (6) “ State Legal Aid Fund * account shall be operted jointly by Secrciary of State Authority and पाठ Secretary and Remembrancer of Legal Affairs to the Government in Law and Judiciary Department under the supervision of (ब) District Legal Aid Fund account -shall bo operated jointly by Chairman and ‘Séeretary of -the District Authorily; under the supervision of the- State 12. Taluka Legal Services Committee, वमा of Offjce and other conditions, reldting thereto of Members dof the Taluka Committee——(i) The term of Office “of-the Members of the Taluka Comumittee shall be for a period of 006 year. (ग्र) If any member of the said Committee ceases to be such member for any .reason, the vacancy shall be filled up in the same manner as the original nomi- nation and the person so nominated shall continue to be the member for the remaining term of the member in whose place he is nominated. (रा) A member of the said Committee may, resign his Office by writing under his hand addressed to the Executive %hairman of the State Authority and 4 forwarded thouph the Chaitnian of the District Authority under the intimation क. (० the Chairman of the Taluka Committee. Such resignation shall take effect i \ from पाट date on which it js accepted by the Executive Chairman of the State CHAPTER VII [ CoNpuct 09 BUSINESS » 13. Meetings.—The Secrefary of the State Authority with the prior approval - of the Executive Chairman of the State Authority shall arrange a meeting of पीट Authority once in a three months and as and when the business may warrant. The Secretary of the High Court Committee and its Sub-Committes with prior approval of its Chairman, the Secretary of the District Authority, and the Chairman of the Taluka Committee, as the case may be, shall hold meelings of the respective bodies at 1688. once in a month and as frequently as the business may be. . त 1 the absence of the Executive Chairman of the State Authority or of the Chairman of the High Court Committee and the Sub-Committees, the District Authority or पाट Taluka Committee, as the case may be, one of the member nominated by all पाह other Members present at the meeting shall preside over the meéting of the respective bodies., . 14. Miwite of the Meeting—The Minutes of the proceedings of every s meeting shall-be prepared by the Secretary. 15. Filing of application for legal services—A. person seeking legal services - from the High Court Legal Services Committee or its Sub-Committees, District Authority or the Taluka Committee, as the case may be, shall sendan application containing brief facts of the case to it. L B V , 16, Secrutiny of applications—The applications shall be Scrutinised and . disposed of by the Secretary of the High Court Committee or its Sub-Commi- ttees or by the Secretary of District Authority or by the Chairman of the Taluka Committee, as the case may be, giving such directions and legal scrvices as-are thought necessary: Provided that all.orders passed by the Secretaiy of the High Court Committec or its Sub-Committees or the District Authority rejécting legal services shall | ७6 passed after obtaining order of the respective Chairman: Provided futher that all orders of grant of Legal Services by the Secretary of । the High Court Committee or its Sub-Committees or the District Authority hSha“ ‘e subject to control and modifications by the Chaixman of the respective odies. . 17. Duty of Legal Practitioners and fither dction.dfter the decision of d'case by the Court.—The legal practioners conducting a case on behalf of a person receiving the legal services shail, as sooq as the case is decided, apply for a copy- of judgment and decree if any, and immediately on receipt of the copies shall submit them to the body appeinting him, together With his detailed comments. The Taluka Committee, the District Authority or the High Court Committee or its Sub-Committees as the case may be, shall take steps to recover the expenses of the legal services rendered from out of the costs, if any awarded by the Court 10 the person concerned .and received by him. such bodies may also consider, whereever necessary, the feasibility of filing an appeal, revision or a Write Petition if— i () the case has been decided against the person; or (0 the case is prima-jacie fit for taking such remedies; or - (iii) the aided person.has applied for legal services for taking recourse to such remedies; Provided that it will not'be necessaty to make a fresh enquiry as fo cligibility under section 12 (8) of the Act, Wheréver applicable, unlcs§ the Taluka Committee, the Disirict Authority of the High Court-Committee or ity Sub- Committees, as the case may be, is of the opinion thata change of circumstances- has taken place since the grant of legal services. By order and in the name of the Govérnor of Mahaiashtra, Deputy Secretary to Government- सः 8