LEGAL SERVICE AUTHORITIES ACT, 1987

 (39 of 1987)

 

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Legal Affairs)

 

THE NATIONAL LEGAL SERVICES AUTHORITY RULES, 1995

 

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 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,

             Government 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 Central 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.

 

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 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 at least for three years; or

(c)          an officer of other organized 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 organized 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;

 

(f)    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 Utilization 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 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 under sub-rule(3) of rule 3 shall be entitled to payment of traveling allowances 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 traveling 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 organized 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 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(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.

 

10.  The number, experience and qualifications of members of 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 Service 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 nominees;

 

(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 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)       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.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 organized by the Supreme Court Legal Service 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 Service 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. AGRAWAL,

ADDITIONAL SECRETARY TO THE GOVT.OF INDIA

 

 

 


 

SCHEDULE

 

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.

2.

3.

4.

 

Member-Secretary

Deputy Secretary

Private Secretary

Section Officer

 

Rs. 7300-7600

Rs. 3700-5000

Rs. 3000-4500

Rs. 2000-3500

 

1

2

3

4

 

 

 

Total:

 

 

 

10

 

 

II.         ESTABLISHMENT

     

1.         Accountant

2.         Assistant

3.         Steno Gr. ‘C’

4.         Social Science Res. Asstt.

5.         Printing Assistant

6.         Librarian

7.         Steno Typist

8.         Cashier

9.         Lower Division Clerk

10.       Staff Car Driver

11.       Jamadar

12.       Daftary

13.       Gestetner/Plain Paper

            Copier Operator

14.       Peon

15.       Farash

16.       Safaiwala

 

 

 

Rs. 1640-2900

Rs. 1640-2900

Rs. 1640-2900

Rs. 1400-2600

Rs. 1400-2600

Rs. 1200-2040

Rs. 1200-2040

Rs. 1200*-2040

Rs. 950—1500

Rs. 950—1500

Rs. 775—1025

Rs. 775—1025

Rs. 750*—940

 

Rs. 750—940

Rs. 750—940

Rs. 750—940

 

 

 

1

2

3

1

1

1

4

1

8

4

3

2

1

 

6

2

2

        

             Total

 

42

                                                                      (*with spl. Pay)

 

              GRAND TOTAL OF OFFICERS AND STAFF

 

 

52

 

 

MINISTRY OF LAW, JUSTICE AND

COMPANY AFFAIRS

(Department of Legal Affairs)

 

NOTIFICATION

 

                        New Delhi, the 28th February, 2000

 

           

GSR 166(E).------- In exercise of the powers conferred by section 27 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central government, in consultation with the Chief Justice of India, hereby makes the following rules to amend the National Legal Services Authority Rules, 1995, namely :-

 

            1.            (1) These rules may be called the National Legal Services Authority (Amendment) Rules, 2000.

 

                              (2) They shall come into force on the date of their publication in the Official Gazette.

 

            2.            In rule 12 of the National Legal Services Authority Rules, 1995, for the letters, figures, brackets and words "Rs. 18,000 (Rupees eighteen thousand)", the words "fifty thousand rupees" shall be substituted.

 

                                                            [A-11011(4)/99-Admn.III(LA)/NALSA]

 

 

 

                                                                        (SHIV PRAKASH)

ADDITIONAL SECRETARY TO THE GOVT. OF INDIA

 

Note:-  The Principal rules were published in the Gazette of India vide notification number G.S.R. No. 762(E) dated the 27th November, 1995.

 


 

                        MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

                                    (Department of Legal Affairs)

                                   

                                                NOTIFICATION

                                               

New Delhi, the 3rd July, 2000

 

           

G.S.R. 582(E).- In exercise of the powers conferred by section 27 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Government in consultation with Chief Justice of India, hereby makes the following rules namely:-

 

1.            Short title and commencement:- (1) These rules may be called the Supreme Court Legal Services Committee Rules, 2000.

           

            (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) "Member" means the Members of the Supreme Court Legal Services Committee nominated under clause (b) of sub-section (2) of section 3A of the Act;

 

(c) "Secretary" means the Secretary of the Supreme Court Legal Services Committee appointed under sub-section (3) of section 3A of the Act;

 

(d) all other words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.

 

3.         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 Chief Justice of India may nominate other Members from amongst those possessing the qualification and experience prescribed in sub-rule (4) of the rules.

 

            (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 society including Scheduled  Castes, Scheduled Tribes, Women, children, rural and urban labour.

 

4.         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)       an officer of the rank of Director in the Central Government and possessing a degree in Law.

 

5.         The number of officers and other employees of the Supreme Court Legal Services Committee under sub-section (5)of section 3A:-  The Supreme Court Legal Services Committee 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 the Schedule to these rules or as may be notified by the Central Government from time to time.

 

6.         The condition of service and the salary and allowances payable to the officers and employees of the Supreme Court Legal Services Committee under sub-section (6) of section 3A:- (1) The officers and other employees of the Supreme Court Legal Services Committee 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 employees of the Supreme Court Legal Services Committee shall be governed by the Central Government rules as are applicable to persons holding equivalent posts.

 

            (3)  The officers and other employees of the Supreme Court Legal Services Committee shall be entitled to such other facilities and benefits as may be notified by the Central Government from time to time.

 

Explanation:-            The words "benefits", "allowances" "entitlements", "facilities" occurring in these rules shall be deemed to include, the entitlement to gratuity, provident fund, housing, medical benefits, pension, group insurance, and all other benefits as are available to employees of the Central Government holding equivalent posts.

 

7.         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.- A person whose annual income from all sources does not exceed Rs.50,000 (Rupees fifty thousand) per

annum shall be entitled to legal services under clause (h) of section 12 of the Act.

 

8.         The experience and qualifications of other persons of the Lok Adalats organized 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 society, including Scheduled Castes, Scheduled Tribes, Women, children, rural and urban labour.

 

                                                                        [F.No.A-60011(14)/99-Admn.III(LA)

 

 

 

 

                                                                                                    (R.L. KOLI)

JOINT SECRETARY & LEGAL ADVISER

                                                                     

 


 

                                    MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

                                                (Department of Legal Affairs)

                                                           

                                                            CORRIGENDUM

 

                                                                        New Delhi, the 25th July, 2000

 

            G.S.R. 637(E).- In the notification of Government of India in the Ministry of Law, Justice and Company Affairs, Department of Legal Affairs No. G.S.R. 582(E) dated the 3rd July, 2000 published in the Gazette of India, Extra ordinary Part II, Section 3, Sub-section (i), bearing No. 361, at page 7, after rule 8, read the following, "SCHEDULE (See rules 5 and 6) namely:-

 

SANCTIONED STRENGTH OF THE STAFF OF THE SUPREME COURT LEGAL SERVICES COMMITTEE

 

S. No.

Designation

Scale of Pay

No. of Posts

                       

I.                      OFFICERS

 

1.                     Secretary                                             Rs.14300-400-18300             1

 

2.                     Legal Service Counsel-                      Rs.12000-375-16500             1

                        Cum-Consultant

 

3.                     Superintendent                                   Rs.6500-200-10500               1

 

                                                                                                Total:                   ----------

                                                                                                                                    3

                                                                                                                              ----------

II.                    Establishment

 

1.                     Assistant                                 Rs.5500-175-9000                             2

 

2.                     Upper Division Clerk             Rs.4000-100-6000                             2

 

3.                     Upper Division Clerk             Rs.4000-100-6000                             1

                        -cum-Accountants

 

4.                     Junior Stenographer               Rs.4000-100-6000                             1

 

5.                     Lower Division Clerk             Rs.3050-75-3950-80-4590                4

 

6.                     Daftry                                      Rs.2610-60-3150-65-3540                1

 

7.                     Peon                                        Rs.2550-55-2660-60-3200                3

 

8.                     Farash                                     Rs.2550-55-2660-60-3200                1

                                                                                                                            ---------

                                                                                                Total:                          15

                                                                                                                            ---------

                                    GRAND TOTAL OF OFFICERS AND STAFF:              18"

 

                                                                                               

                                                            [F.No.A-60011/14/99-Adm.III(LA)(NALSA)]

                                                                                                

 

 

 

                                                                                                   ( R.L. KOLI)

                                                                        JOINT SECRETARY & LEGAL ADVISER