NATIONAL LEGAL SERVICES AUTHORITY RULES, 1995
.—(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.
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1. Vide G.S.R. 762 (E) , dated 27th November, 1995, published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), dated 27th November, 1995.
In these rules unless the context otherwise requires, (39 of 1987)—
(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 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.
.—(1) The Central Authority shall consist of not more than twelve members.
(2) The following shall be the ex-offico members of the Central Authority, namely:—
(i) Secretary in the Department of Legal Affairs, Ministry of Law, Justice and Company Affairs, Government of India or any of his nominee.
(ii) Secretary, Department of Expenditure, Ministry of Finance, Government of India or any of his nominee; and
(iii) two Chairmen 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 o
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.
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 at least 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 of the 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 p
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 A
.—(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 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 registration 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.
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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, 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 amon
A person shall not be qualified for appointment as Secretary unless he is—
(i) an officer of the Supreme Court Registry not below the rank of Joint Registrar; or
(ii) officers of the rank of Director from the Central Government, possessing a degree of Law.
The Central Authority, State Authorities and the District Authorities, shall maintain their accounts and prepare their annual statement of accounts in the forms appended to these rules.]
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1. Ins. by G.S.R. 86 (E), dated 22nd February, 2005 (w.e.f. 22-2-2005).
Any citizen of India whose annual income from all sources does not exceed 1[fifty thousand rupees] shall be entitled to legal services under clause (h) of section 12 of the Act.
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1. Subs. by G.S.R. 166 (E), dated 28th February, 2000 (w.e.f. 28-2-2000).
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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.
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