KERALA STATE LEGAL SERVICES AUTHORITY KERALA STATE LEGAL SERVICES AUTHORITY                      High Court Buildings, Kochi - 682 031
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Supreme Court Legal Services Committee Regulations, 1996

(Vide G.S.R.33369E), DATED 26TH July, 1996 published in the Gazette of India, Ext.pt.11,S.3(ii) dated 26.7.1996)

In exercise of the powers conferred by Section 29 of the Legal Services Authorities Act, 1987, the Central Authority hereby makes the following regulations, namely:-

1. :: Short Title & Commencement :: 11. :: Application for legal services ::
2. :: Definitions :: 12. :: Disposal of applications ::
3. :: General effect of vesting :: 13. :: Modes of Legal Services ::
4. :: The term of office & other conditions relating thereto of the members of the Committee :: 14. :: Legal Services not to be provided in certain cases ::
5. :: Powers and functions of the Committee  :: 15. :: Legal Services may be granted in certain cases  ::
6. :: Functions and powers of the Chairman  :: 16. :: Honorarium payable to legal service advocate ::
7. :: Terms & conditions of service of the Secretary :: 17. :: Duties of aided person ::
8. :: Functions & powers of the Secretary :: 18. :: Withdrawal of legal services ::
9. :: Meetings of the Committee  :: 19. :: Affidavit ::
10. :: Funds, audit & accounts of the Committee ::  


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1. 

Short Title & Commencement
 
  1. These regulations may be called the Supreme Court Legal Services Committee Regulations, 1996.

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

2. Definitions :-
 

In these Regulations, unless the context otherwise requires -

  1. “ Act” means the Legal Services Authorities Act, Subs. by G.S.R,425 (E) dated 10.6.1999 9w.e.f10.6.1999)  (1987) (39 of 1987);

  2. “ Central Authority” means the National Legal Services Authority constituted under Section 3 of the Act;

  3. “ Chairman” means the Chairman of the Supreme Court Legal Services Committee.

  4. “ Committee” means the Supreme Court Legal Service Committee;

  5. “Legal Service Advocate” means an Advocate who has been assigned any work related to legal service;

  6. “Legal Service Counsel-cum-Consultant” means an Advocate appointed as legal service Counsel-cum-Consultant by the Committee;

  7. “Member” means the Secretary of the Committee appointed under sub-section (3) of Section 3 A of the Act.TOP

3. General effect of vesting
 

On and from the date of commencement of these regulations:-

  1. All the assets, liabilities, rights, titles and interest of the erstwhile Supreme Court Legal Aid Committee stand transferred to, and vest in, Supreme Court Legal Services Committee;

  2. The staff who have been serving under the erstwhile Supreme Court Legal Aid Committee shall be deemed to be working for the Supreme Court Legal Services Committee;

  3. The Committee shall pay the fee bills submitted by the Legal Aid panel Lawyers for the their professional services and all other dues incurred by and which have been pending before the erstwhile Supreme Court Legal Aid Committee after verifying the same.

  4. The Committee shall become successor for the erstwhile Supreme Court Legal Aid Committee and will honour all the commitments made by the erstwhile Supreme Court Legal Aid Committee in so far as providing legal aid in cases before Supreme Court of India, is concerned. No asset or liability for the Supreme Court (Middle Income Group) Legal Aid Committee will devolve on the Committee, but the Committee may extend such facilities of its establishment to the said Supreme Court (Middle Income Group) Legal Aid Committee as the Chairman may approve.TOP

 

4. The term of office and other conditions relating thereto of the members of the Committee
 
  1. The term of the office of a member of the Committee, other than ex-officio member, shall be two years.

  2. Where a person is nominated as a ex-officio member, such person shall cease to be a member of the Committee if he ceases to hold the post or office by virtue of which he has been nominated as a ex-officio member.

  3. Any vacancy in the office of a member of the Committee shall be filled up in the same manner as the originally appointed member and the person so nominated shall continue to be a member for the remaining period of term of office of that member in whose place he has been nominated.

  4. A member other than ex-officio member shall be eligible for nomination for not more than two term.TOP

5. Powers and functions of the Committee -
 

The powers and functions of the Committee shall be:-

  1. To administer and implement the legal services programme in so far as it relates to the Supreme Court of India and for this purpose take all such steps as may be necessary and to act in accordance with the directions issued by the Central Authority from time to time.

  2. To receive and scrutinise applications for legal services and to decide all questions as to the grant of or withdrawal of legal service;

  3. To maintain panels of advocates on record and of senior advocates in the Supreme Court for giving the legal advice;

  4. To decide all matters relating to payment of honorarium, costs, charges and expenses of legal services to the advocates on record and to senior advocates of the Supreme Court;

  5. To prepare and submit returns, report and statistical information in regard to the legal services programme to the Central Authority.TOP

 

6. Functions and powers of the Chairman
 
  1. The Chairman of the Committee shall be in over all charge of administration and implementation of the programmes of the Committee:

    Provided that the Chairman shall not directly concern any question as to grant or withdrawal of legal service to any person.

  2. The Chairman shall cause the meetings of the Committee convened through the Secretary at least once in a period of three months.

  3. The Chairman shall preside over the meetings of the Committee.

  4. The Chairman shall have all the residuary powers of the Committee.TOP

7. Terms and conditions of service of the Secretary 
 
  1. The term of the Office of the Secretary shall be three years.

  2. The Secretary shall be entitled to receive such honorarium as fixed by the Chairman.

  3. The Secretary can be removed at any time by the Chief Justice of India.TOP

 

8. Functions and powers of the Secretary
 
  1. The Secretary shall be the Principal officer of the Committee and shall be the custodian of all assets, accounts, records and funds at the disposal of the Committee.

  2. The Secretary shall maintain or cause to be maintained true and proper accounts of the receipts and disbursement of the funds of the Committee.

  3. The Secretary shall convene meetings of the Committee with the previous approval of the Chairman and shall also attend meetings and shall be responsible for maintaining a record of the minutes of the proceedings of the meetings.TOP

 
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