THE NATIONAL LEGAL SERVICES AUTHORITY RULES, 1995
1. Short title, and commencement.
2. Definitions.
3. The number, experience and
qualifications of other members of the Central Authority.
4. Appointment of
Member-Secretary.
6. Powers and Functions of the
Member- Secretary
8. The number of officers and
other employees of the Central Authority.
THE NATIONAL LEGAL
SERVICES AUTHORITY RULES, 19951
1. Vide G.S.R. 762 (E), dated 27th
November, 1995
In exercise of the powers conferred by section 27 of the Legal Services Authorities Act, 1987(No.39 of 1987), the Central Govemment 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 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-office members
of the Central Authority, namely: -
(i) Secretary,
Department of Legal Affairs,
Ministry of Law and Justice and Company Affairs.
Government of India or any of his
nominee.
(ii) Secretary,
Department of Expenditure,
In the Ministry of Finance,
Government of India or any of his nominee:
And:
(iii) Two
Chainmen 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 Central
Authority unless he is---
(a) An
eminent person in the field of law; or
(b) A
person of repute who is specialty 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.
4. 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 Service 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 Services 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 ofthe organised State Services who has held a post equivalent to the
Joint Secretary to the Government 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 of efficient functioning of
the Central Authority.
(1) The
members of the Central Author nominated by the central Govemmentundersub-rule
(3) of rule3, 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 a 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 tinder 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 off-ice 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.
(1) 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.
(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 ofthe 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 these 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 clause (b) of
sub-section (2) 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) Offices
of the rank of Director from the Central Govemment, 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. 18,000 (Rupees eighteen 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.
PROPOSED STRENGTH OF THE STAFF OF THE NATIONAL LEGAL
SERVICES AUTHORITY CONSEQUENT UPON THE ENFORCEMENT OF THE LEGAL SERVICES
AUTHORITIES ACT
|
S. No. Designation. |
Scale of pay |
No. of posts |
|
I. 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 |
Rs. 1400-2600 |
1 |
|
Asstt |
|
|
|
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 |
|
9. Lower Division Clerk |
Rs. 950-1500 |
8 |
|
10. Staff Car Driver. |
Rs. 950-1500 |
4 |
|
11. Jamadar |
Rs. 775-1025 |
3 |
|
12. Daftly |
Rs. 775-1025 |
2 |
|
13. Gestetner/Plain Paper
Copier Operator |
Rs. 750-940* |
1 |
|
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 |
*With spl. pay