High Court Legal Services Committee (Amendment) Regulations, 2021
DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS
NOTIFICATION
Delhi, the 8th June, 2021
No. F.8/1/96-Judl./Vol.II/Suptlaw/519-523.—In exercise of the powers conferred under Section 29A of the Legal Services Authorities Act, 1987 (Act 39 of 1987) in consultation with the Hon’ble Chief Justice of the Delhi High Court, as required by sub-section-(4) of Section 9 and clause (c) of sub-section (2) of Section 10 of the said Act, the State Legal Services Authority hereby makes the following regulations to amend the High Court Legal Services Committee Regulations, 1998, namely:-
1. Short Title and commencement :-
(1) These regulations may be called the High Court Legal Services Committee (Amendment) Regulations, 2021.
(2) They shall come into force on the date of publication in the Delhi Gazette.
2. Amendment of regulation 2 in the High Court Legal Services Committee Regulation (hereinafter called principal regulation) in regulation 2, the following shall be substituted namely:-
for sub- regulation (b) shall be substituted
(b) “Aided person“ shall have the same meaning as defined under Regulation 2(f) of the Delhi Legal Services Authority Regulations 2002 (as amended in 2019);
for sub- regulation (f) shall be substituted
(f) “Legal Services Advocate“(LSA) means an advocate who has been empanelled by the High Court Legal Services Committee in any of the panels constituted to provide legal aid and services and would also include an advocate who has been assigned any work related to legal services by the Delhi High Court Legal Services Committee or the State Legal Services Authority;
for sub- regulation (i) shall be substituted
(i) “State Authority“ means the Delhi State Legal Services Authority constituted under Section 6 of the Act; for sub- regulation (j) shall be substituted
(j) All other words and expressions used in these regulations but not defined shall have the same meaning assigned to them in the Act“
3. Existing regulation 12 shall be deleted.
4. Existing regulation 13 shall be re-numbered as regulation 12, the following shall be substituted, namely: –
The Experience and qualifications of other persons of the Lok Adalats organized by the High Court Legal Services Committee specified in sub-section (4) of Section 19:
“A person shall not be qualified to be included in the Lok Adalat unless he is:
- (a) a sitting or retired Judge of the High Court;
- (b) a serving or retired judicial officer;
- (c) a member of the legal profession;
- (d) any other professional such as Doctors including Mediators;
- (e) a person of repute who is specially interested in the implementation of the Legal Services Scheme and Programmes; or
- (f) an eminent 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.“
5. Existing regulation 14 shall be re-numbered as regulation 13.
Audit and Accounts Committee.
6. Existing regulation 15 shall be re-numbered as regulation 14.
Application for the Legal Services.
7. Existing regulation 16 shall be re-numbered as regulation 15, the following shall be substituted, namely:-
Disposal of Applications
1 On receipt of an application for legal service mentioned in Regulation 14, the Secretary shall first cause the eligibility of the applicant as per the provisions of the Act read with the rules, examined and determined.
2 If the applicant satisfies the eligibility criteria, the Secretary shall proceed to examine the merit of his application in accordance with the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010.
3 An application for the grant of legal services in any matter if it is not found fit, may be rejected, for the reasons to be recorded in writing, by the Secretary/Scrutiny Committee constituted under the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010.
4 The applicant whose application for grant of legal services has been rejected may prefer an appeal before the Chairman for a decision.
5 In case of refusal for the grant of legal services, the Secretary shall inform the applicant in writing of such refusal.“
8. Existing regulation 17 shall be re-numbered as regulation 16, the following shall be substituted, namely:-
Modes of Legal Services
“a) Court fees, provided that Court fees will be payable only after an application is moved before the Court for suing in forma pauperis and orders of the Court obtained thereon.
b) process fees and other similar charges payable or incurred in connection with any legal proceedings;
c) charges for drafting, preparing, filing of any legal proceedings and representation by a legal practitioner in legal proceedings;
d) cost of obtaining and supply of certified copies of judgments, orders and other documents in legal proceedings;
e) cost of preparation of paper book (including paper, printing and translation of documents) in legal proceedings and expenses incidental thereto;
provided that charges for spot inspection other than local commissioner’s fee, such as photographer’s/ electrician’s/plumber’s/mason’s charges and similar expenditure, charges for medical examination and the like, shall not be payable, except with the approval of the Chairman“.
9. Existing regulation 18 shall be deleted.
10. Existing regulation 19 shall be re-numbered as regulation 17, the following shall be substituted, namely:-
Legal Services may be granted in certain cases
“Irrespective of the means test, legal service may be granted by the Chairman:
(b) in a special case which is considered otherwise deserving of legal services“
11. Existing regulation 20 shall be re-numbered as regulation 18, the following shall be substituted, namely:-
Duties of Legal Services Advocates
- “(1) The Legal Services Advocate shall be paid such honorarium as may be fixed by the State Authority.
- (2) Every Legal Services Advocate shall attend to all duties assigned by the Authority punctually, attentively and diligently.
- (3) Every Legal Services Advocate shall endeavour to provide quick and timely services to the aided person.
- (4) (a) Every Legal Services Advocate shall ensure his attendance on each hearing of the case assigned to him and shall diligently work towards the disposal of the case.
- (b) On a case of the aided person as assigned to any Legal Services Advocate being decided, such Legal Services Advocate shall apply for the certified copies of the decree, judgment, evidence, pleadings and other relevant documents, certified copies of which have not already been taken.
- (c) Such certified copies shall be submitted to the Authority alongwith the detailed comments of the Legal Services Advocate regarding the further desired action in the case if any required with specific reference to feasibility of filing an appeal/revision.
- (d) The Legal Services Advocate who has completed his/her assignment, shall submit within 45 days of the completion of such assignment, a statement showing the honorarium due to him/her together with the report of the work done in connection with the legal proceedings conducted by him/her on behalf of the aided person, along with certified copies, to the Secretary of the Committee who shall after due scrutiny sanction the fee and expenses payable to him/her.
Provided that in appropriate cases and for sufficient reasons, bills submitted after the expiry of the said 45 days may be processed by the Secretary for payment.
(5) Every Legal Services Advocate shall attend all training programs, functions and the like organized by the State or the District Authority and as directed by the said Authorities.
(6) Every Legal Services Advocate shall submit a quarterly detailed report in respect of the work/cases assigned to him/her by the Authorities. The said report shall be submitted within seven days of the expiry of the quarter.“
12. Existing regulation 21 shall be re-numbered as regulation 19.
Duties of Aided person.
13. Existing regulation 22 shall be re-numbered as regulation 20.
Withdrawal of Legal Services.
After regulation 20- the following regulation shall be added namely:-
14. Regulation: 21. Conflict between regulations and rules.
In case of conflict between these Regulations and the Rules or Regulations of the State Authority, the latter shall prevail.