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MISCELLANEOUS
23. Members and staff of Authorities, Committees and Lok Adalats to be
public servants. -The Members including Member-Secretary or, as the case may be, Secretary
, of the Central Authority, the State Authorities, the District Authorities, the Supreme
Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services
Committees and officers and other employees of such Authorities, Committees and the
Members of the Lok Adalats shall be deemed to be public servants within the meaning of
Section 21 of the Indian Penal Code (45 of 1860).
24. Protection of action taken in good faith.- No suit, prosecution or
other Legal proceeding shall lie against,
(a) the Central Government or the State Government;
(b) the Patron-in-Chief, Executive Chairman, Members or Member-Secretary or officers or
other employees of the Central Authority;
(c) Patron-in-Chief, Executive Chairman, Members, Member-Secretary or officers or other
employees of the State Authority;
(d) Chairman, Secretary, Members or officers or other employees of the Supreme Court Legal
Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees
or the District Authority; or
(e) Any other person authorised by any of the Patron-in-Chief, Executive Chairman,
Chairman, Member, Member-Secretary referred to in sub-clauses (b) to (d),
for anything which is in good faith done or intended to be done under the provisions of
this Act or any rule or regulation made thereunder.
25. Act to have overriding effect.- The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained any other law for
the time being in force or in any instrument having effect by virtue of any law other than
this Act.
26. Power to remove difficulties.- (1)If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions, not inconsistent with the provisions of this Act as appear
to it to be necessary or expedient for removing the difficulty.
Provided that no such order shall be made after the expiry of a period of two years from
the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before each House of Parliament.
27. Power of Central Government to make rules.- (1) The Central
Government in consultation with the Chief Justice of India may, by notification, make
rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the number, experience and qualifications of other Members of the Central Authority
under clause (c) of sub-section (2) of Section 3.
(b) the experience and qualifications of the Member-Secretary of the Central Authority and
his powers and functions under sub-section (3) of Section 3,
(c) the terms of office and other conditions relating thereto, of Members and
Member-Secretary of the Central Authority under sub-section (4) of Section 3;
(d) the number of officers and other employees of the Central Authority under sub-section
(5) of Section 3;
(e) the conditions of service and the salary and allowances of officers and other
employees of the Central Authority under sub-section (6) of Section 3;
(f) the number, experience and qualifications of Members of the Supreme Court Legal
Services Committee under clause (b) of sub-section (2) of Section 3A;
(g) the experience and qualifications of Secretary of the Supreme Court Legal Services
Committee under sub-section (3) of Section 3A;
(h) the number of officers and other employees of the Supreme Court Legal Services
Committee under sub-section (5) of Section 3A and the conditions of service and the salary
and allowances payable to them under sub-section (6) of that section;
(i) the upper limit of annual income of a person entitling him to legal services under
clause (h) of Section 12, if the case is before the Supreme Court;
(j) the manner in which the accounts of the Central Authority, the State Authority or the
District Authority shall be maintained under Section 18;
(k) the experience and qualifications of other persons of the Lok Adalats organised by the
Supreme Court Legal Services Committee specified in sub-section (3) of Section 19;
(l) other matters under clause (e) of sub-section (1) of Section 22;
(m) any other matter which is to be, or may be, prescribed.
28. Power of State Government to make rules.- (1) The State Government
in consultation with the Chief Justice of the High Court may, by notification, make rules
to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the number, experience and qualifications of other Members of the State Authority
under clause (c) of sub-section (2) of Section 6;
(b) the powers and functions of the Member-Secretary of the State Authority under
sub-section (3) of Section 6;
(c) the terms of office and other conditions relating thereto, of Members and
Member-Secretary of the State Authority under sub-section (4) of Section 6;
(d) the number of officers and other employees of the State Authority under sub-section
(5) of Section 6;
(e) the conditions of service and the salary and allowances of officers and other
employees of the State Authority under sub-section (6) of Section 6;
(f) the experience and qualifications of Secretary of the High Court Legal Services
Committee under sub-section (3) of Section 8A;
(g) the number of officers and other employees of the High Court Legal Services Committee
under sub-section (5) of Section 8A and the conditions of service and the salary and
allowances payable to them under sub-section (6) of that Section;
(h) the number, experience and qualifications of Members of the District Authority under
clause (b) of sub-section (2) of Section 9;
(i) the number of officers and other employees of the District Authority under sub -
section (5) of Section 9;
(j) the conditions of service and the salary and allowances of the officers and other
employees of the District Authority under sub-section (6) of Section 9;
(k) the number, experience and qualifications of Members of the Taluk Legal Services
Committee under clause (b) of sub-section (2) of Section 11A;
(l) the number of officers and other employees of the Taluk Legal Services Committee under
sub-section (3) of Section 11A;
(m) the conditions of service and the salary and allowances of officers and other
employees of the Taluk Legal Services Committee under sub-section (4) of Section 11A;
(n) the upper limit of annual income of a person entitling him to legal services under
clause (h) of Section 12, if the case is before a court, other than the Supreme Court;
(o) the experience and qualifications of other persons of the Lok Adalats other than
referred to in sub-section (4) of Section 19;
(p) any other matter which is to be, or may be, prescribed.
29. Power of Central Authority to make regulations.- (1) The Central
Authority may, by notification, make regulations not inconsistent with the provisions of
this Act and the rules made thereunder, to provide for all matters for which provision is
necessary or expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the following matters,
namely:-
(a) the powers and functions of the Supreme Court Legal Services Committee under
sub-section (1) of Section 3A;
(b) the terms of office and other conditions relating thereto, of the Members and
Secretary of the Supreme Court Legal Services Committee under sub-section (4) of Section
3A.
29A. Power of State Authority to make regulations .- (1) The State Authority may, by
notification make regulations not inconsistent with the provisions of this Act and the
rules made thereunder, to provide for all matters for which provisions is necessary or
expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the following matters,
namely:-
(a) the other functions to be performed by the State Authority under clause (d) of
sub-section (2) of Section 7;
(b) the powers and functions of the High Court Legal Services Committee under sub-section
(1) of Section 8A;
(c) the number, experience and qualifications of Members of the High Court Legal Services
Committee under clause (b) of sub-section (2) of Section 8A;
(d) the terms of office and other conditions relating thereto, of the Members and
Secretary of the High Court Legal Services Committee under sub-section (4) of Section 8A;
(e) the terms of office and other conditions relating thereto, of the Members and
Secretary of the High Court Legal Services Committee under sub-section (4) of Section 9;
(f) the number, experience and qualifications of Members of the High Court Legal Services
Committee under clause (b) of sub-section (2) of Section 8A;
(g) other functions to be performed by the District Authority under clause (c) of
sub-section (2) Section 10;
(h) the terms of office and other conditions relating thereto, of Members and Secretary of
the Taluk Legal Services Committee under sub-section (3) of Section 11A.
30. Laying of rules and regulations.-(1) Every rule made under this Act
by the Central Government and every regulation made by the Central Authority thereunder
shall be laid, as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in one session,
and if, before the expiry of the session immediately following the session or the
successive sessions or in two or more successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation, or both Houses agree that the rule or
regulation should not be made, the rule or regulation shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation.
(2) Every rule made under this Act by a State Government and every
regulation made by a State Authority thereunder shall be laid, as soon as may be after it
is made, before the State Legislature.
AMENDMENT OF SECTION 12(d) OF THE LEGAL SERVICES AUTHORITIES ACT, 1987
The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 (No. 1 of 1996) which received the assent of the
President on 1st January, 1996 has amended section 12(d) of the Legal Services Authorities
Act, 1987.
Section 74 of the said Act, which has amended clause (i) of section 2
of the Legal Services Authorities Act, is to the following effect:-
"74. Amendment of Act 39 of 1987. - In section 12 of the Legal
Services Authorities Act, 1987, for clause (d), the following clause shall be substituted,
namely:-
"(d) a person with disability as defined in clause(i) of Section
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995."
Clause ( i ) of Section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995, defines
'disability' as under:-
"(i) 'disability' means --
( i ) blindness;
(ii) low vision;
(iii) leprosy-cured;
(iv) hearing impairment;
(v) locomotor disability
(vi) mental retardation;
(vii) mental illness;"
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
( Department of Legal Affairs )
NOTIFICATION
New Delhi, the 27th November, 1995
G.S.R. 762(E) - In exercise of the powers conferred by section 27 of
the Legal Services Authorities Act, 1987 (No 39 of 1987), the Central Government hereby
makes the following rules, namely:-
1. Short title and commencement.- (1) These
rules may be called the National Legal Services Authority Rules, 1995.
(2) They shall come into force on the date of their publication in the
Gazette of India.
2. Definitions.- In these rules unless the context
otherwise requires-
(a) "Act" means the Legal Services Authorities Act,1987.
(b) "Central Authority" means the National Legal Services Authority constituted
under section 3 of the Act;
(c) "Member" means the Members of the Central Authority nominated under clause
(c) of sub-section (2) of Section 3 of the Act;
(d) "Member-Secretary" means the Member-Secretary of the Central Authority
appointed under sub-section (3) of Section 3 of the Act;
(e) all other words and expressions used in these rules but not defined shall have the
same meaning assigned to them in the Act.
3. The number, experience and qualifications of other Members of the
Central Authority.- (1) The Central Authority shall consist of not more than twelve
Members.
(2) The following shall be the ex-officio Members of the Central Authority, namely:-
( i ) Secretary
Department of Legal Affairs,
Ministry of Law, Justice and Company Affairs,
Government of India or any of his nominee;
(ii) Secretary,
Department of Expenditure, in the Ministry
Of Finance, Govt. of India or any of his nominee; and
(iii) Two Chairman of the State Legal Services Authorities as may be nominated by the
Central Government in consultation with the Chief Justice of India.
Provided that the Patron-in-Chief of the Central Authority may nominate until the
constitution of State Authorities under the Act, Chairman of any two of the State Legal
Aid and Advice Boards or Committees, by whatever name called, existing prior to such
constitution.
(3) The Central Government may nominate, in consultation with the Chief Justice of India,
other Members from amongst those possessing the experience and qualifications prescribed
in sub-rule (4) of this rule.
(4) A person shall not be qualified for nomination as a Member of the Authority unless he
is :-
(a) an eminent person in the field of law; or
(b) a person of repute who is specially interested in the implementation of the Legal
Services Schemes; or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people, including Scheduled Castes, Scheduled Tribes, women, children, rural and urban
labour.
2. Appointment of Member-Secretary.- The Central Government shall in consultation with the
Chief Justice of India, appoint a person to be the Member-Secretary of the Central
Authority, possessing experience and qualifications as prescribed in rule 5.
5. The experience and qualifications of the Member-Secretary of the
Central Authority and his powers and functions.- A person shall not be qualified for
appointment as Member-Secretary unless he is-
(a) an officer of the Indian Legal Services who has held a post not below the rank of
Additional Secretary to the Government of India; or
(b) a Member of the State higher Judicial Service who has held the post of District Judge
atleast for three years; or
(c) an officer of other organised Central Service who has held a post of Joint Secretary
to the Government of India or equivalent for a minimum period of three years; or
(d) an officer of the organised State Services who has held a post equivalent to the Joint
Secretary to the Govt. of India for a minimum period of five years.
Preference will be given to persons possessing administrative, financial and legal aid
experience.
6. Powers and Functions of the Member-Secretary.- The powers and
functions of the Member-Secretary, inter alia shall be -
(a) to work out modalities of the Legal Services Schemes and programmes approved by the
Central Authority and ensure their effective monitoring and implementation throughout the
country;
(b) to exercise the powers in respect of administrative, finance and budget matters as
that of the Head of the Department in a Central Government;
(c) to manage the properties, records and funds of the Central Authority;
(d) to maintain true and proper accounts of the Central Authority including checking and
auditing in respect thereof periodically;
(e) to prepare Annual Income and Expenditure Accounts and Balance Sheet of the Central
Authority;
(f) to liaise with the social action groups and the State Legal Services Authorities;
(g) to maintain up-to-date and complete statistical information, including progress made
in the implementation of various Legal Services Programmes from time to time;
(h) to process project proposals for financial assistance and issue Utilisation
Certificates thereof;
(i) to convene Meetings/Seminars and Workshops connected with Legal Services Programmes
and preparation of Reports and follow-up action thereon;
(j) to produce video/documentary films, publicity material, literature and publications to
inform general public about the various aspects of the Legal Services Programmes; and
(k) to perform such other functions as may be expedient for efficient functioning of the
Central Authority.
7. The terms of office and other conditions relating thereto, of Members
and Member-Secretary of the Central Authority.- (1) The Members of the
Central Authority nominated by the Central Government under sub-rule(3) of rule 3, shall
hold office for a term of two years and a retiring Member shall be eligible for
renomination for not more than one term.
(2) A Member of the Central Authority nominated by the Central
Government under sub-rule(3) of rule 3 may be removed by the Central Government if in the
opinion of the Central Government, it is not desirable to continue him as a Member.
(3) If any Member nominated under sub-rule (3) of rule 3 ceases to be
Member of the Central Authority, for any reason such as resignation or death, the vacancy
shall be filled up in the same manner as the original nomination and the person so
nominated shall continue to be a Member for the remaining term of the Member in whose
place he is nominated.
(4) All Members nominated under sub-rule(3) of rule 3 shall be entitled
to payment of travelling allowance and daily allowance in respect of journeys performed in
connection with the work of the Central Authority and shall be paid by the Central
Authority in accordance with the rules as are applicable to Grade 'A' officers, as amended
from time to time.
(5) If a nominated Member is a government employee, he shall be entitled
to only one set of travelling allowance and daily allowance either from his parent
department, or, as the case may be, from the Central Authority.
(6) The Member-Secretary shall hold office for a term not exceeding five
years or till the age of 62 years, whichever is earlier.
(7) In all matters like pay, allowances, benefits and entitlements, the
Member-Secretary shall be governed by rules as are applicable to the persons holding
equivalent posts in the Central Government.
(8) If an officer of the State Higher Judicial Service, or, as the case
may be, of other organised Central/State Services, is appointed as Member-Secretary he
shall be governed by the service conditions of his parent cadre, in so far as disciplinary
matters are concerned.
(9) The appointment of the Member-Secretary may be on deputation basis.
8. The number of officers and other employees of the Central
Authority.-The Central Authority shall have such number of officers and other employees
for rendering secretarial assistance and for its day to day functions as are set out in
Schedule to these rules or as may be notified by the Central Government from time to time.
9. The conditions of service and the salary and allowances of officers
and other employees of the Central Authority under sub-section (6) of section 3.-The
officers and other employees of the Central Authority shall be entitled to draw pay and
allowances in the scale of pay indicated against each post in the Schedule to these rules
or at par with the Central Government employees holding equivalent posts.
(2) In all matters like age of retirement, pay and allowances, benefits
and entitlements and disciplinary matters, the officers and other employees of the Central
Authority shall be governed by the Central Government as are applicable to persons holding
equivalent posts.
(3) The officers and other employees of the Central Authority shall be
entitled to such other facilities and benefits as may be notified by the Central
Government from time to time.
10. The number, experience and qualifications of Members of the Supreme
Court Legal Services Committee under clause (b) of sub-section (2) of section 3A. - (1)
The Supreme Court Legal Services Committee shall consist of not more than nine Members.
(2) The following shall be the ex-officio Members of the Supreme Court
Legal Services Committee:-
(i ) Attorney General of India;
(ii) Additional Secretary in the Department of Legal Affairs, Ministry of Law, Justice and
Company Affairs, Government of India or his nominee;
(iii) Additional Secretary in the Department of Expenditure of the Ministry of Finance,
Government of India or his nominee; and
(iv) Registrar General of the Supreme Court of India.
(3) The Central Government may nominate, in consultation with the Chief
Justice of India, other Members from amongst those possessing the qualification and
experience prescribed in sub-rule(4) of this rule.
(4) A person shall not be qualified for nomination as a Member unless he
is-
(a) an eminent person in the field of law; or
(b) a person of repute who is specially interested in the implementation of the Legal
Services Schemes; or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people including Scheduled Castes, Scheduled Tribes, women, children, rural and urban
labour.
11. The experience and qualifications of Secretary of the Supreme Court
Legal Services Committee under sub-section (3) of section 3A. - A person shall not be
qualified for appointment as Secretary unless he is -
(a) an officer of the Supreme Court Registry not below the rank of Joint Registrar; or
(b) officer of the rank of Director from the Central Government, possessing a degree of
Law.
12. The upper limit of annual income of a person entitling him to legal
services under clause (h) of section 12, if the case is before the Supreme Court.- Any
citizen of India whose annual income from all sources does not exceed Rs.50,000/-(Rupees
Fifty Thousand) shall be entitled to legal services under clause (h) of section 12 of the
Act.
13. The experience and qualifications of other persons of the Lok
Adalats organised by the Supreme Court Legal Services Committee specified in
sub-section(3) of section 19.- A person shall not be qualified to be included in the Lok
Adalat unless he is-
(a) a member of the legal profession; or
(b) a person of repute who is specially interested in the implementation of the Legal
Services Schemes and Programmes; or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people, including Scheduled Castes, Scheduled Tribes, women, children, rural and urban
labour.
[F.No.6(22)/95-NALSA]
Dr. V.K. AGARWAL.
Additional Secy.
SCHEDULE
PROPOSED STRENGTH OF THE STAFF OF THE NATIONAL LEGAL SERVICES AUTHORITY CONSEQUENT UPON
THE ENFORCEMENT OF THE LEGAL SERVICES AUTHORITIES ACT.
Sl.No. Designation Scale of
Pay No.of Posts
1 2
3
4
1. OFFICERS
1. Member-Secretary Rs. 7300-7600
1
2. Deputy Secretary Rs. 3700-5000 2
3. Private Secretary Rs. 3000-4500 3
4. Section Officer Rs. 2000-3500 4
-------
Total
10
II ESTABLISHMENT
1. Accountant
Rs. 1640-2900
1
2. Assistant
Rs. 1640-2900
2
3. Steno Gr. 'C'
Rs. 1640-2900 3
4. Social Science
Res.Asstt.Rs.1400-2600 1
5. Printing Assistant
Rs. 1400-2600 1
6. Librarian
Rs. 1200-2040 1
7. Steno-Typist
Rs. 1200-2040 4
8. Cashier
Rs. *1200-2040 1*with
9. Lower Division Clerk Rs.
950-1500 8 spl pay
10. Staff Car Driver Rs.
950-1500 4
11. Jamadar
Rs. 775-1025 3
12. Daftry
Rs. 775-1025 2
13. Gestetner/Plain Paper Rs.
*750-940 1
Copier Operator
14. Peon
Rs. 750-940
6
15. Farash
Rs. 750-940 2
16. Safaiwala
Rs. 750-940 2
Total
42
GRAND TOTAL OF OFFICERS AND STAFF
52
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