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STATE LEGAL SERVICES AUTHORITY
6. Constitution of State Legal Services Authority - (1) Every State
Government shall constitute a body to be called the Legal Services Authority for the State
to exercise the powers and perform the functions conferred on or assigned to, a State
Authority under this Act.
(2) A State Authority shall consist of -
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in
consultation with the Chief Justice of the High Court, who shall be the Executive
Chairman; and
(c) such number of other Members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation
with the Chief Justice of the High Court.
(3) The State Government shall, in consultation with the Chief Justice
of the High Court, appoint a person belonging to the State Higher Judicial Service not
lower in rank than that of a District Judge, as the Member-Secretary of the State
Authority, to exercise such powers and perform such duties under the Executive Chairman of
the State Authority as may be prescribed by that Government or as may be assigned to him
by the Executive Chairman of that Authority:
Provided that a person functions as Secretary of a State Legal Aid & Advice Board
immediately before the date of constitution of the State Authority may be appointed as
Member-Secretary of that Authority, even if he is not qualified to be appointed as such
under this sub-section, for a period not exceeding five years.
(4) The terms of office and other conditions relating thereto, of
Members and the Member-Secretary of the State Authority shall be such as may be prescribed
by the State Government in consultation with the Chief Justice of the High Court.
(5) The State Authority may appoint such number of officers and other
employees may be prescribed by the State Government, in consultation with the Chief
Justice of the High Court, for the efficient discharge of its functions under this Act.
(6) The officers and other employees of the State Authority shall be
entitled to such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court.
(7) The administrative expenses of the State Authority, including the
salaries, allowances and pensions payable to the Member-Secretary, officers and other
employees of the State Authority shall be defrayed out of the Consolidated Fund of the
State.
(8) All orders and decisions of the State Authority shall be
authenticated by the Member-Secretary or any other officer of the State Authority duly
authorised by the Executive Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely on
the ground of the existence of any vacancy in, or any defect in the constitution of the
State Authority.
7. Functions of the State Authority.- (1) It shall be
the duty of the State Authority to given effect to the policy and directions of the
Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1),
the State Authority shall perform all or any of the following functions, namely:-
(a) give legal service to persons who satisfy the criteria laid down under this Act.
(b) conduct Lok Adalats, including Lok Adalats for High Court cases;
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the
Central Authority, fix by regulations.
8. State Authority to act in co-ordination with other agencies etc., and
be subject to directions given by Central Authority.- In the discharge of its functions
the State Authority shall appropriately act in co-ordination with other governmental
agencies, non-governmental voluntary social service institutions, universities and other
bodies engaged in the work of promoting the cause of legal services to the poor and shall
also be guided by such directions as the Central Authority may give to it in writing.
8A. High Court Legal Services Committee.- (1) The State Authority shall
constitute a Committee to be called the High Court Legal Services Committee for every High
Court, for the purpose of exercising such powers and performing such functions as may be
determined by regulations made by the State Authority.
(2) The Committee shall consist of -
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other Members possessing such experience and qualifications as may be
determined by regulations made by the State Authority, to be nominated by the Chief
Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the
Committee possessing such experience and qualifications as may be prescribed by the State
Government.
(4) The terms of office and other conditions relating thereto, of the
Members and Secretary of the Committee shall be such as may be determined by the
regulations, made by the State Authority.
(5) The Committee may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled
to such salary and allowances and shall be subject to such other conditions of service as
may be prescribed by the State Government in consultation with the Chief Justice of the
High Court.
9. District Legal Services Authority.- (1) The State Government shall in
consultation with the Chief Justice of the High Court, constitute a body to be called the
District Legal Services Authority for every District in the State to exercise the powers
and perform the functions conferred on, or assigned to the District Authority under this
Act.
(2) A District Authority shall consist of :-
(a) the District Judge who shall be its Chairman; and
(b) such number of other Members, possessing such experience and qualifications as may be
prescribed by the State Government, to be nominated by that Government in consultation
with the Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the
District Authority appoint a person belonging to the State Judicial Service not lower in
rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District
Judiciary as Secretary of the District Authority to exercise such powers and perform such
duties under the Chairman of that Committee as maybe assigned to him by such Chairman.
(4) The terms of office and other conditions relating thereto, of
Members and Secretary of the District Authority shall be such as may be determined by
regulations made by the State Authority in consultation with the Chief Justice of the High
Court.
(5) The District Authority may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the District Authority shall be
entitled to such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court.
(7) The administrative expenses of every District Authority, including
the salaries, allowances and pensions payable to the Secretary, officers and other
employees of the District Authority shall be defrayed out of the Consolidated Fund of the
State.
(8) All orders and decisions of the District Authority shall be
authenticated by the Secretary or by any other officer of the District Authority duly
authorised by the Chairman of that Authority.
(9) No Act or proceeding of a District Authority shall be invalid merely
on the ground of the existence of any vacancy in, or any defect in the constitution of,
the District Authority.
10. Functions of District Authority.- (1) It shall be the duty of every
District Authority to 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.
(2) Without prejudice to the generality of the functions referred to in
sub-section (1) the District Authority may perform all or any of the following functions,
namely:-
(a) co-ordinate the activities of the Taluk Legal Services Committee and other legal
services in the District;
(b) organise Lok Adalats within the Districts; and
(c) perform such other functions as the State Authority may fix by regulations.
11. District Authority to act in co-ordination with other agencies and
be subject to directions given by the Central Authority, etc. - In the discharge of its
functions under this Act, the District Authority shall, wherever appropriate, act in
co-ordination with other governmental and non-governmental institutions, universities and
others engaged in the work of promoting the cause of legal services to the poor and shall
also be guided by such directions as the Central Authority or the State Authority may give
to it in writing.
11A. Taluk Legal Services Committee. - (1) The State Authority may
constitute a Committee, to be called the Taluk Legal Services Committee, for each Taluk or
Mandal or for group of Taluks or Mandals,
(2) The Committee shall consist of -
(a) the senior Civil Judge operating within the jurisdiction of the Committee who shall be
the ex-officio Chairman; and
(b) such number of other Members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation
with the Chief Justice of the High Court.
(3) The committee may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
(4) The officers and other employees of the Committee shall be entitled
to such salary and allowances and shall be subject to such other conditions of service as
may be prescribed by the State Government in consultation with the Chief Justice of the
High Court.
(5) The administrative expenses of the Committee shall be defrayed out
of the District Legal Aid Fund by the District Authority.
11B. Functions of Taluk Legal Services Committee.- The Taluk Legal
Services Committee may perform all or any of the following functions, namely:-
(a) co-ordinate the activities of legal services in the taluk;
(b) organise Lok Adalats within the taluk; and
(c) perform such other functions as the District Authority may assign to it.
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