The National Legal Services Authourity Rules

LEGAL SERVICE
AUTHORITIES ACT, 1987

style="mso-spacerun: yes"> (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 27^th, style="mso-spacerun: yes"> 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) style="mso-spacerun: yes"> “Member”
means the members of the Central Authority nominated under clause (c) of sub
–section (2) of section 3 of the Act;

(d) style="mso-spacerun: yes"> “Member-Secretary” means the
member-Secretary of the Central Authority appointed under sub-section (3) of
the Act;

(e) style='mso-tab-count:1'> 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,

style='mso-tab-count:1'> Government of India or any of his
nominee; and

(iii) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> a person of repute who is specially
interested in the implementation of the Legal Services Schemes; or

(c) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> a Member of the State Higher Judicial
Service who has held the post of District Judge at least for three years; or

(c) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> 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. style='mso-tab-count:2'> style='mso-tab-count:1'>

6. Powers
and Functions of the Member-Secretary. –The powers and functions of the
Member-Secretary, inter alia, shall be-

(a) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> to exercise the powers in respect of
administrative, finance and budget matters as that of the Head of the
Department in a Central Government ;

(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) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> 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. style='mso-tab-count:2'> style='mso-tab-count:2'>

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) style='mso-tab-count:1'> Additional Secretary in the
Department of Legal Affairs, Ministry of Law, Justice and Company Affairs,
Government of India or his nominees;

(iii) style='mso-tab-count:1'> 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 style='mso-tab-count:2'> style='mso-tab-count:2'>

(b) style='mso-tab-count:1'> 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:- style="mso-spacerun: yes"> 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) style='mso-tab-count:1'> a person of repute who is specially
interested in the implementation of the Legal Service Schemes and Programmes;
or

(c) style='mso-tab-count:1'> 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

OFFICERS

Member-Secretary

Deputy Secretary

Private Secretary

Section Officer

Rs.
7300-7600

Rs.
3700-5000

Rs.
3000-4500

Rs.
2000-3500

Total:

II. ESTABLISHMENT

1. Accountant

2. Assistant

3. style='mso-tab-count:1'> Steno Gr. ‘C’

4. Social
Science Res. Asstt.

5. style='mso-tab-count:1'> 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. style='mso-tab-count:1'> Peon

15. Farash

16. Safaiwala

Rs.
1640-2900

Rs.
1400-2600

Rs.
1200-2040

Rs.
1200*-2040

Rs.
950—1500

Rs.
775—1025

Rs.
750*—940

Rs.
750—940

Total

(*with spl. Pay)

GRAND
TOTAL OF OFFICERS AND STAFF

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. style='mso-tab-count:1'> (1) These rules may be called the
National Legal Services Authority (Amendment) Rules, 2000.

style="mso-spacerun: yes"> (2)
They shall come into force on the date of their publication in the Official
Gazette.

2. style='mso-tab-count:1'> 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.

style='mso-tab-count:1'> [A-11011(4)/99-Admn.III(LA)/NALSA]

style='mso-tab-count:1'> (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.

style='mso-tab-count:1'> MINISTRY OF LAW, JUSTICE AND COMPANY
AFFAIRS

style='mso-tab-count:1'> (Department of Legal Affairs)

style='mso-tab-count:1'>

style='mso-tab-count:1'> 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:- style='mso-tab-count:1'> 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) style='mso-tab-count:1'> Attorney General of India;

(ii) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> Registrar General of the Supreme
Court of India.

(3) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> A person shall not be qualified for
nomination as a Member unless he is:-

(a) style='mso-tab-count:1'> an eminent person in the field of
law; or

(b) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> an officer of the Supreme Court Registry
not below the rank of Joint Registrar; or

(b) style='mso-tab-count:1'> 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) style="mso-spacerun: yes"> 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) style='mso-tab-count:1'> 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) style='mso-tab-count:1'> 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.

style='mso-tab-count:2'> [F.No.A-60011(14)/99-Admn.III(LA)

style='mso-tab-count:2'>
(R.L. KOLI)

JOINT SECRETARY &
LEGAL ADVISER

style='mso-tab-count:1'>

style='mso-tab-count:1'> MINISTRY OF LAW, JUSTICE AND COMPANY
AFFAIRS

style='mso-tab-count:1'> (Department
of Legal Affairs)

style='mso-tab-count:2'>

style='mso-tab-count:2'> CORRIGENDUM

style='mso-tab-count:2'> 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. style='mso-tab-count:1'> Secretary style='mso-tab-count:1'> Rs.14300-400-18300 style='mso-tab-count:1'> 1

2. style='mso-tab-count:1'> Legal Service Counsel- style='mso-tab-count:1'> Rs.12000-375-16500 style='mso-tab-count:1'> 1

style='mso-tab-count:1'> Cum-Consultant

3. style='mso-tab-count:1'> Superintendent style='mso-tab-count:1'> style='mso-tab-count:1'> Rs.6500-200-10500 style='mso-tab-count:1'> 1

style='mso-tab-count:2'> style='mso-tab-count:1'> Total: style="mso-spacerun: yes"> ----------

style='mso-tab-count:2'> style='mso-tab-count:2'> 3

style='mso-tab-count:2'> style='mso-tab-count:1'>
style="mso-spacerun: yes"> ----------

II. Establishment

1. style='mso-tab-count:1'> Assistant Rs.5500-175-9000 style='mso-tab-count:1'> style='mso-tab-count:1'> 2

2. style='mso-tab-count:1'> Upper Division Clerk style='mso-tab-count:1'> Rs.4000-100-6000 style='mso-tab-count:1'> style='mso-tab-count:1'> 2

3. style='mso-tab-count:1'> Upper Division Clerk style='mso-tab-count:1'> Rs.4000-100-6000 style='mso-tab-count:1'> style='mso-tab-count:1'> 1

style='mso-tab-count:1'> -cum-Accountants

4. style='mso-tab-count:1'> Junior Stenographer style='mso-tab-count:1'> Rs.4000-100-6000 style='mso-tab-count:1'> style='mso-tab-count:1'> 1

5. style='mso-tab-count:1'> Lower Division Clerk style='mso-tab-count:1'> Rs.3050-75-3950-80-4590 style='mso-tab-count:1'> 4

6. style='mso-tab-count:1'> Daftry style='mso-tab-count:1'> Rs.2610-60-3150-65-3540 style='mso-tab-count:1'> 1

7. style='mso-tab-count:1'> Peon style='mso-tab-count:2'> Rs.2550-55-2660-60-3200 style='mso-tab-count:1'> 3

8. style='mso-tab-count:1'> Farash style='mso-tab-count:1'> Rs.2550-55-2660-60-3200 style='mso-tab-count:1'> 1

style='mso-tab-count:2'> style='mso-tab-count:2'> style="mso-spacerun: yes"> ---------

style='mso-tab-count:2'> style='mso-tab-count:1'> Total: style='mso-tab-count:1'> 15

style='mso-tab-count:2'> style='mso-tab-count:2'> style="mso-spacerun: yes"> ---------

style='mso-tab-count:1'> GRAND TOTAL OF OFFICERS AND STAFF: style='mso-tab-count:1'> 18"

style='mso-tab-count:2'>

style='mso-tab-count:2'> [F.No.A-60011/14/99-Adm.III(LA)(NALSA)]

style='mso-tab-count:2'> style='mso-tab-count:2'>

style='mso-tab-count:2'> (
R.L. KOLI)

style='mso-tab-count:1'> JOINT
SECRETARY & LEGAL ADVISER

The National Legal Services Authourity Rules

I. OFFICERS

II. Establishment

Administrative Matters