SUPREME COURT LEGAL SERVICES COMMITTEE REGULATIONS, 1996
(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.
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1. Vide G.S.R. 336(E), dated 26th July, 1996 published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), dated 26th July, 1996.
In these Regulations, unless the context otherwise requires,—
(a) "Act" means the Legal Services Authorities Act, 1[1987] (39 of 1987);
(b) "Central Authority" means the National Legal Services Authority constituted under section 3 of the Act;
(c) "Chairman" means the Chairman of the Supreme Court Legal Services Committee;
(d) "Committee" means the Supreme Court Legal Service Committee;
(e) "legal service advocate" means an advocate who has been assigned any work related to legal service;
(f) "Legal Service Counsel-cum-Consultant" means an Advocate appointed as legal service Counsel-cum-Consultant by the Committee;
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On and from the date of commencement of these regulations,—
(1) All the assets, liabilities, rights, title 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 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 of the erstwhile Supreme Court Legal
(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.
The powers and functions of the Committee shall be:—
(a) 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;
(b) To receive and scrutinise applications for legal services and to decide all questions as to the grant of or withdrawal of legal service;
(c) To maintain panels of advocates on record and of senior advocates in the Supreme Court for giving the legal advice;
(d) 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
(1) The Chairman of the Committee shall be in overall 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.
(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.
(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.
(1) The committee shall meet at least once in three months on such date, and at such place as the Chairman may direct.
(2) The Chairman shall preside over the meetings of the Committee and in the absence of the Chairman, a person chosen by the members present from amongst themselves shall preside over the meetings of the Committee.
(3) The minutes of the proceedings of each meeting shall be truly and faithfully maintained by the secretary and such minutes shall be open to inspection at all reasonable times by the member of the Committee. A copy of the minutes shall, as soon as may be, after the meeting, be forwarded to the Executive Chairman of the Central Authority.
(4) The quorum for the meeting shall be four including the Chairman.
(5) All questi
(1) The Committee shall maintain a Fund to be called Supreme Court Legal Services Committee Fund to which shall be credited,—
(a) such amounts as may be allocated and granted to it by the Central Authority;
(b) all such amounts received by the Committee by way of donations;
(c) all such amounts by way of costs, charges and expenses recovered from the persons to whom legal service is provided or the opposite party.
(2) All the amounts credited to the said Fund, shall be deposited in a nationalised bank.
Explanation.—In the sub-regulation "nationalised bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Compan
(1) Any person deserving legal service for bringing or defending any action in the Supreme Court may make an application in writing in that behalf. However, if the applicant is illiterate or is not in a position to write, the Secretary or an officer of the Committee shall record his verbal submissions an obtain his thumb impression/signature on the record and such record will be treated as his application.
(2) The Committee shallmaintain a register of applications wherein all applications for legal service shall be entered and registered date wise and the action taken on such applications shall be noted against the entry relating to such applications.
(1) On receipt of an application for legal service mentioned in Regualtion 11, the Secretary shall first cause the eligibility of the applicant as per the provisions of the Act read with the rules, exxamined and determined.
(2) If the applicant satisfies the eligibility criteria, the Secretary shall proceed to examine the merit of his application. For examining the merits of the application, the secretary may take the assistance of legal services advocates or other advocate willing to provide free legal advice. The secretary may also take the advice of the Legal Service Counsel-cum-Consultant employed by the Committee. The Secretary shall not be precluded from seeking more than one opinion if any particular case requires in-depth examination.
(3) In case the applicant satisfies the eligibility criterial and also has merit in his applicat
Legal services to be provided may include any one or more of the following:—
(a) payment of court-fees, process fees and all other charges payable or incurred in connection with any legal proceedings;
(b) charges for drafting, preparing and filling of any legal proceedings and representation by a legal practitioner in legal proceedings;
(c) cost of obtaining and supply of certified copies of judgments, order and other documents in legal proceedings;
(d) cost of preparation of paper book (including paper, printing and translation of documents) in legal proceedings and expenses incidental thereto.
Legal services shall not be given in the following cases, namely:—
(1) Proceedings wholly or partly in respect of—
(a) defamations; or
(b) malicious prosecution; or
(c) a person charged with contempt of court proceedings; and
(d) perjury.
(2) Proceedings relating to any election.
(3) Proceedings incidental to any proceedings referred to in sub-regulations (1) and (2).
(4) Proceedings in respect of offences where the fine imposed is not more than Rs. 50.
(5) Proceedings in respect of economic offences and offences
Irrespective of the means test, legal service may be granted—
(a) in cases of great public importance; or
(b) in a special case, reasons for which to be recorded in writing, is considered otherwise deserving of legal services.
(1) The legal service advocate shall be paid such honorarium as may be fixed by the Committee.
(2) No legal service advocate to whom any case is assignment either or legal advice or for legal services shall receive any fee or remuneration whether in cash or in kind or any other advantage, monetary or otherwise, from the aided person or from any other person on his behalf.
(3) The legal service advocate who has completed his assignment, shall submit a statement showing the honorarium due to him together with the report of the work done in connection with the legal proceeding conducted by him on behalf of the aided person, to the Secretary of the Committee, who shall, after due scrutiny sanction the fee and expenses payable to him. It will, however, be open to the legal service advocate to waive the honorarium wholly or partially. In case
(1) A person seeking legal services shall comply with any requisition or direction that may be made upon him by the Secretary of the Committee or any of its members from the date the application for legal services is made till he enjoys the legal services granted to him.
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(3) Every aided person or his reprsentative shall attend the office of the Committee as and when required by the Committee or by the legal service advocate rendering legal aid to him and shall furnish full and true information and shall make full disclosure to the legal service advocate concerned and shall attend the court, as and when required, at his own expense.
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1. Omitted by G.S.R. 150 (E), date
(1) The Committee may either on its own motion or otherwise withdraw legal services granted to any aided person in the following circumstances, namely:—
(a) in the event of it being found that the aided person was possessed of sufficient means or that he obtained legal service by misrepresentation or fraud;
(b) in the event of any material change in the circumstances of the aided person;
(c) in the event of any misconduct, misdemeanor or negligence on the part of the aided person in the course of receiving legal service;
(d) in the event of the aided person not co-operating with the Committee or with the legal service advocate assigned by the Committee;
(e) in the event of the aided person
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