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1.
SHORT TITLE AND COMMENCEMENT
2.
DEFINITIONS
3.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF OTHER MEMBERS OF THE CENTRAL
AUTHORITY
4.
APPOINTMENT OF MEMBER-SECRETARY
5.
THE EXPERIENCE AND QUALIFICATIONS OF THE MEMBER-SECRETARY OF THE CENTRAL
AUTHORITY AND HIS POWERS AND FUNCTIONS
6.
POWERS AND FUNCTIONS OF THE MEMBER-SECRETARY
7.
THE TERMS OF OFFICE AND OTHER CONDITIONS RELATING THERETO, OF MEMBERS AND
MEMBER-SECRETARY OF THE CENTRAL AUTHORITY
8.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE CENTRAL AUTHORITY
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9.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF OFFICERS AND
OTHER EMPLOYEES OF THE CENTRAL AUTHORITY UNDER SUB-SECTION (6) OF SEC. 3
10.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE SUPREME COURT
LEGAL SERVICES COMMITTEE UNDER CL, (B) OF SUB-SECTION (2) OF SEC. 3-A
11
THE EXPERIENCE AND QUALIFICATIONS OF SECRETARY OF THE SUPREME COURT LEGAL
SERVICES COMMITTEE UNDER CL. (B) OF SUB-SECTION (2) OF SEC. 3-A
12. THE UPPER LIMIT OF ANNUAL INCOME OF
A PERSON ENTITLING HIM TO LEGAL SERVICES UNDER CL. (H) OF SEC. 12, IF THE
CASE IS BEFORE THE SUPREME COURT
13.
THE EXPERIENCE AND QUALIFICATIONS OF OTHER PERSONS OF THE LOK ADALATS
ORGANISED BY THE SUPREME COURT LEGAL SERVICES COMMITTEE SPECIFIED IN
SUB-SECTION (3) OF SEC. 19
SCHEDULE
NOTIFICATION
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NATIONAL
LEGAL SERVICES AUTHORITY
RULES,
1995
G.S.R.
762 (E). DATED 27TH NOVEMBER. 1995' —In exercise of the powers conferred
by Sec. 27 of the Legal Services Authorities Act, 1987 (No. 39 of 1987),
the Central Government hereby makes the following rules, namely:—
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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 Sec. 3 of the Act:
(c)
"Member" means the member of the Central Authority nominated
under Cl (c) of sub-section (2) of Sec. 3 of the Act:
(d)
"Member-Secretary" means the Member-Secretary of the Central
Authority appointed under sub-section (3) of Sec. 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.
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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.
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,
1.
Published in the Gazette of India, Extraordinary. Pt. II, Sec. 3 (i),
dated 27th November, 1995.
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)
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.
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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)
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 persons possessing administrative, financial and legal
aid experience.
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6.
POWERS AND FUNCTIONS OF THE MEMBER-SECRETARY—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 Authority;
(f)
to liaise with the Social Action Groups and the State Legal Services
Authorities;
(g)
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}
to process project proposals for financial assistance and issue
Utilisation Certificates thereof:
(i)
to convene Meetings/Seminars and Workshops connected with Legal Services
Programmes and preparation of reports and follow-up action thereon;
{j)
to produce video/documentary films, publicity material literature and
publication to inform general public about the various aspects of the
Legal Services Programmes; and
(k)
to perform such other functions as may be expedient for efficient
functioning of the Central Authority.
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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 allowance 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 dally 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 organised 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 the Member-Secretary may be on deputation basis.
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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 SEC.
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.
(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.
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10.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE SUPREME COURT
LEGAL SERVICES COMMITTEE UNDER CL, (B) OF SUB-SECTION (2) OF SEC. 3-A— [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 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.
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THE EXPERIENCE AND QUALIFICATIONS OF SECRETARY OF THE SUPREME COURT LEGAL
SERVICES COMMITTEE UNDER CL. (B) OF SUB-SECTION (2) OF SEC. 3-A—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,
12. THE UPPER LIMIT OF ANNUAL INCOME OF A PERSON
ENTITLING HIM TO LEGAL SERVICES UNDER CL. (H) OF SEC. 12, IF THE CASE IS
BEFORE THE SUPREME COURT—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 Cl. (h} of Sec. 12 of the Act.
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13. THE EXPERIENCE AND QUALIFICATIONS OF OTHER PERSONS OF
THE LOK ADALATS ORGANISED BY THE SUPREME COURT LEGAL SERVICES COMMITTEE
SPECIFIED IN SUB-SECTION (3) OF SEC. 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) 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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SCHEDULE
PROPOSED
STRENGTH OF THE STAFF OF THE NATIONAL LEGAL
SERVICES
AUTHORITY CONSEQUENT UPON THE ENFORCEMENT
OF
THE LEGAL SERVICES AUTHORITIES ACT
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S.No
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Designation
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Scale
of Pay 1
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No.
of Posts
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I.
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OFFICERS
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1.
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Member-Secretary
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Rs.7300-7600
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1
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2.
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Deputy
Secretary
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Rs.3700-5000
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2
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3.
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Private
Secretary
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Rs.3000-4500
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3
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4.
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Section
Officer
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Rs.2000-3500
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4
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Total
:
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10
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II.
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ESTABLISHMENT
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1.
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Accountant
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Rs.1640-2900
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1
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2.
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Assistant
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Rs.1640-2900
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2
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3.
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Steno
Gr. ‘C’
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Rs.1640-2900
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3
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4.
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Social
Science Res. Asstt.
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Rs.1400-2600
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1
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5.
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Printing
Assistant
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Rs.1400-2600
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1
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6.
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Librarian
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Rs.1200-2040
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1
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7.
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Steno
Typist
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Rs.1200-2040
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4
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8.
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Cashier
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Rs.1200-2040
*
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1
* with spl. Pay
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9.
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Lower
Division Clerk
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Rs.950-1500
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8
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10.
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Staff
Car Driver
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Rs.950-1500
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4
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11.
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Jamadar
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Rs.775-1052
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3
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12.
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Daftry
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Rs.775-1052
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2
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13.
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Gestetner/Plain
Paper Copier Operator
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Rs.750-940
*
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1
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14.
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Peon
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Rs.750-940
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6
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15.
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Farash
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Rs.750-940
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2
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16.
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Safaiwala
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Rs.750-940
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2
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Total
:
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42
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GRAND
TOTAL OF OFFICERS AND STAFF
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52
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1.
Pre-revised scale of Pay.
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NOTIFICATION
S.O.
5 (E), DATED 1ST JANUARY. 1996
1 In exercise of the powers conferred by Sec. 3-A of the Legal
Services Authorities Act, 1987 (39 of 1987) read with rule 10 of the
National Legal Services Authority Rules, 1995, the Central Authority
hereby constitutes the Supreme Court Legal Services Committee consisting
of the following, namely:—
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1.
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Chairman
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2.
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Ex-Officio Member
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3.
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Ex-Officio Member
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4.
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Ex-Officio Member
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5.
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Ex-Officio Member
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6.
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Member
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7.
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Member
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8.
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Member
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9.
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|
Member
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10
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Member
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1.
Published in the Gazette of India, Extraordinary, Pt.II, Sec.3(ii), dated
2nd January, 1996.
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