1.
SHORT TITLE AND COMMENCEMENT
2.
DEFINITIONS.
3.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF OTHER MEMBERS OF STATE
AUTHORITY
4.
THE POWERS AND DUTIES OF THE MEMBER-SECRETARY OF THE STATE AUTHORITY
5.
THE TERMS OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF MEMBERS AND
MEMBER-SECRETARY OF THE STATE AUTHORITY.
6.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE STATE AUTHORITY
7.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF OFFICERS AND
OTHER EMPLOYEES OF THE STATE AUTHORITY
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8.
THE EXPERIENCE AND QUALIFICATIONS OF SECRETARY OF THE HIGH COURT LEGAL
SERVICES COMMITTEE
9.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE HIGH COURT LEGAL
SERVICES COMMITTEE AND THE CONDITIONS OF SERVICE, SALARY AND ALLOWANCES
PAYABLE TO THEM
10.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE DISTRICT
AUTHORITY
11.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE DISTRICT AUTHORITY
12.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF THE OFFICERS
AND OTHER EMPLOYEES OF THE DISTRICT AUTHORITY
13.
THE NUMBER. EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE TALUK LEGAL
SERVICES COMMITTEE
14.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE TALUK LEGAL SERVICES
COMMITTEE
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15.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF OFFICERS AND
OTHER EMPLOYEES OF THE TALUK LEGAL SERVICES COMMITTEE
16.
THE UPPER LIMIT OF ANNUAL INCOME OF A PERSON ENTITLED TO LEGAL SERVICES
UNDER CL. (H) OF SEC. 12. IF THE CASE IS BEFORE A COURT, OTHER THAN THE
SUPREME COURT
17.
THE EXPERIENCE AND QUALIFICATIONS OF OTHER PERSONS OF THE LOK ADALATS
REFERRED TO IN CL. (B) OF SUB-SECTION (2) OF SEC. 19 OTHER THAN REFERRED
TO IN SUB-SECTION (3) OF SEC. 19
SCHEDULE
C
Top
GOA
STATE LEGAL SERVICES AUTHORITY RULES. 1996
NOTIFN.
NO. 6/28/92/LD (MISC. 1). 18TH NOVEMBER, 1996'— In exercise of the
powers conferred by Sec. 28 of the Legal Services Authorities Act. 1987
(Central Act No. 39 of 1987), in consultation with the High Court, the
Government of Goa, hereby makes the following rules, namely:—
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1.
SHORT TITLE AND COMMENCEMENT— (1)
These rules may be called the Goa State Legal Services Authority Rules,
1996.
(2)
They shall come Into force at once.
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2.
DEFINITIONS.—In
these rules, unless the context otherwise requires,—
2[(a)
"Act" means the Legal Services Authorities Act, 1987 [Act 39 of
1987), as amended by the Legal Services Authorities (Amendment) Act, 1994
(Act 59 of 1994);]
(b)
"Chairman" means the Chairman of the State Authority or, as the
case may be, the Chairman of the District Authority, or, as the case may
be, the Chairman of the Taluk Legal Services Committee:
(c)
"District Authority" means the District Legal Services Authority
constituted under Sec. 9 of the Act;
(d)
"High Court Legal Services Committee" means a High Court Legal
Services Committee constituted under Sec. 8-A of the Act;
(e)
"Member" means the Member of the State Authority nominated under
Cl. (b) of sub-section (2) of Sec. 6 of the Act or as the case may be of
the District Authority nominated under Cl. (b) of sub-section (2) of Sec.
9 of the Act; or as the case may be a Member of Taluk Legal Services
Committee nominated under Cl. (b) of sub-section(2)of Sec ll-A of the Act;
(f)
"Secretary" means the Member-Secretary of the State Legal
Services Authority constituted under Sec. 6 of the Act, or, as the case
may be, the Secretary of the High Court Legal Services Committee
constituted under Sec. 8-A of the Act, or as the case may be, the
Secretary of the District Legal Services Authority constituted under Sec.
9 of the Act;
(g)
"State Authority" means the State Legal Services Authority
constituted under Sec. 6 of the Act;
1.
Published in the Official Gazette, Government of Goa, Extraordinary dated
26TH November, 1996.
2.
SUBS. BY NOTIFN. NO. 6/28/92/LD (MISC. l), DATED 7TH AUGUST, 1997 (W.E.F.
7TH AUGUST, 1997).
(h)
'Taluk Legal Services Committee" means a Taluk Legal Services
Committee constituted under Sec. 11-A of the Act:
(i)
All other words and expressions used in these rules but not defined shall
have the same meaning as assigned to them in the Act.
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3.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF OTHER MEMBERS OF•STATE
AUTHORITY.- (1) The State Authority shall have not more than fifteen
members.
(2)
The following shall be ex-officio Members of the State Authority:—
(i)
Advocate General of the State:
(ii)
The Secretary in the Department of Finance:
(iii]
The Secretary in the Government of Law:
(iv)
The Inspector General of Police of the State:
'[(v) Chairman, Goa State Commission for Backward Classes:]
(vi)
Two Chairman of the District Authority, as may be nominated by the State
Government, in consultation with the Chief Justice of the High Court.
(3)
The State Government may nominate, in consultation with the Chief Justice
of the High Court at Bombay, other members from amongst those possessing
such experience and qualifications specified in sub-rule (4) of this rule.
(4)
A person shall not be qualified for nomination as a member of the State
Authority unless he is—
(a)
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: or
(b)
an eminent person in the field of Law; or
(c)
a person of repute who is specially interested in the implementation of
the Legal Services Schemes.
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4.
THE POWERS AND DUTIES OF THE MEMBER-SECRETARY OF THE STATE AUTHORITY, -The powers and duties of the Member-Secretary of the
State Authority inter alia, shall be—
(a)
to give free legal services to the eligible and weaker sections;
1.
SUBS. BY NOTIFN. NO. 6/28/92/LD (MISC. 1), DATED 8TH JANUARY, 1998 (W.E.F.
8TH JANUARY, 1998).
(b)
to work out modalities of the Legal Services Schemes and Programmes
approved by the State Authority and ensure their effective monitoring and
implementation;
(c}
to exercise the powers in respect of administration; house-keeping,
finance and budget matters as Head of the Department in the State
Government;
(d)
to manage the properties, records and funds of the State Authority:
(e)
to maintain true and proper accounts of the State Authority including
checking and auditing in respect thereof periodically;
(f)
to prepare Annual Income and Expenditure Account and Balance Sheet of the
State Authority;
(g)
to liaise with the Social Action Groups and Districts and Taluk Legal
Services Authorities:
(h)
to maintain up-to-date and complete statistical information including
progress made In the implementation of various Legal Services Programmes
from time to time;
(i)
to process proposals for financial assistance and issue Utilisation
Certificate thereof:
(j)
to organise various Legal Services Programmes as approved by the State
Authority and convene meetings/seminars and workshops connected with Legal
Services Programmes and preparation of Reports and following action
therein:
(k)
to produce video/documentary films, publicity material, literature and
publication to inform general public about the various aspects of the
Legal Services Programmes:
(l)
to lay stress on the resolution of rural disputes and to take extra
measures to draw schemes for effective and meaningful legal services for
setting rural disputes at the door-steps of the rural people:
(m}
to perform such of the functions as may be assigned to him under the
Schemes formulated under Sec. 4 (b) of the Act; and
(n)
to perform such other functions as may be expedient for efficient
functioning of the State Authority.
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5.
THE TERMS OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF MEMBERS AND
MEMBER-SECRETARY OF THE STATE AUTHORITY.—(1)
The term of the members of the State Authority nominated by the State
Government under sub-rule (3) of rule 3 shall be for a period of two years
and they shall be eligible for re-nomination.
(2)
A member of the State Authority nominated under sub-rue (3) of rule 3 may
be removed by the State Government if in the opinion of the State
Government and for reasons to be recorded in writing it is not advisable
that he should continue as a member.
(3)
If any member nominated under sub-rule (3) of rule 3 ceases to be a member
of the State Authority for any reason, 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)
members nominated under sub-rule [3) of rule 3 shall be entitled to
payment of travelling allowance and daily allowance in respect of journeys
performed in connection with the work of the State Authority and shall be
paid by the State Authority in accordance with the rules as are applicable
to the Grade "A" Officers, as amended from time to time.
(5)
If the nominated member is a Government employee he shall be entitled to
only one set of travelling allowances and daily allowances either from his
parent department, or, as the case maybe from the State Authority.
(6)
The Member-Secretary of the State Authority shall be the whole-time
employee and shall hold office for a term not exceeding five years.
(7)
In all matters like age of retirement pay and allowances; benefits and
entitlements; and disciplinary matters, the Member-Secretary shall be
governed by the State Government Rules and he shall be on deputation to
the State Authority.
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6.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE STATE AUTHORITY—The State Authority shall have such number of officers
and other employees for rendering secretarial assistance and for its
day-to-day functions as may be notified by the State Government from time
to time.
7.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF OFFICERS AND
OTHER EMPLOYEES OF THE STATE AUTHORITY— (1)
The officers and other employees of the State 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 State 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 State Authority shall be governed by the State Government Rules as are
applicable to persons holding equivalent posts.
(3)
The officers and other employees of the State Authority shall be entitled
to such other facilities, allowances and benefits as may be notified by
the State Government from time to time.
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8.
THE EXPERIENCE AND QUALIFICATIONS OF SECRETARY OF THE HIGH COURT LEGAL
SERVICES COMMTTTEE— A
person shall not be qualified for appointment as Secretary of the High
Court Legal Services Committee unless he is an officer of the High Court
not below the rank of Joint Registrar.
9.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE HIGH COURT LEGAL
SERVICES COMMITTEE AND THE CONDITIONS OF SERVICE, SALARY AND ALLOWANCES
PAYABLE TO THEM— (1)
The High Court Legal Services Committee shall have such number of officers
and other employees for rendering secretarial assistance and for its
day-to-day functions as may be notified by the State Government from time
to time.
(2)
The officers and other employees of the High Court Legal Services
Committee shall be entitled to draw pay and allowances in the scale of pay
at par with the State Government Employees holding equivalent posts.
(3)
In all matters like age of retirement, pay and allowances, benefits and
entitlements and disciplinary matters, and officers and other employees of
the High Court Legal Services Committee shall be governed by the State
Government Rules as are applicable to persons holding equivalent posts.
(4)
The officers and other employees of the High Court Legal Services
Committee shall be entitled to such other facilities, allowances and
benefits as may be notified by the State Government from time to time.
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10.
THE NUMBER, EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE DISTRICT
AUTHORITY— (1)
The District Authority shall have not more than eight members.
(2)
The following shall be ex-officio members of the District Authority:—
(i)
District Magistrate;
(ii)
Superintendent of Police;
(iii)
Chief Judicial Magistrate; and
(iv)
Government Advocate.
(3)
The State Government may nominate, in consultation with the Chief Justice
of the High Court, other members from amongst those possessing the
qualifications and experience specified under sub-rule [4) of this rule.
(4)
A person shall not be qualified for nomination as a member of the District
Authority unless he is—
(a.)
an eminent Social Worker who is engaged in the upliftment of the weaker
sections of the people, including Scheduled Castes, Scheduled Tribes,
women, children and rural labour;
(b)
an eminent person in the field of Law: or
(c)
a person of repute who is specially interested in the implementation of
the Legal Services Schemes.
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11.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE DISTRICT AUTHORITY—The District Authority shall have such number of officers
and other employees for rendering secretarial assistance and for its
day-to day functions as may be notified by the State Government from time
to time.
12.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF THE OFFICERS
AND OTHER EMPLOYEES OF THE DISTRICT AUTHORITY— (1)
The officers and other employees of the District Authority shall be
entitled to draw pay and allowances in the scale of pay at par with the
State 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 District Authority shall be governed by the State Government Rules as
are applicable to persons holding equivalent posts.
(3)
The officers and other employees of the District Authority shall be
entitled to such other facilities, allowances and benefits as may be
notified by the State Government from time to time.
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13.
THE NUMBER. EXPERIENCE AND QUALIFICATIONS OF MEMBERS OF THE TALUK LEGAL
SERVICES COMMITTEE—
(1) The Taluk Legal Services Committee shall have not more than five
members.
(2)
The following shall be ex-officio members of the Taluk Legal Services
Committee:--
(i))
Sub-Divisional Officer:
(ii)
Sub-Divisional Police Officer having jurisdiction.
(3)
The State Government may nominate, in consultation with the Chief Justice
of the High Court, other members from amongst those possessing the
qualifications and experience as specified under sub-rule (4) of this
rule.
(4)
A person shall not be qualified for nomination as a member of the Taluk
Services Committee unless he is -
(a)
an eminent Social Worker who is engaged in the upliftment of the weaker
sections of the people, including Scheduled Castes, Scheduled Tribes,
women, children and rural labour; or
(b)
an eminent person in the field of Law; or
(c)
a person of repute who is specially interested in the implementation of
the Legal Services Schemes.
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14.
THE NUMBER OF OFFICERS AND OTHER EMPLOYEES OF THE TALUK LEGAL SERVICES
COMMITTEE—The
Taluk Legal Services Committee shall have such number of officers and
other employees for rendering secretarial assistance and for its
day-to-day functions as may be notified by the State Government from time
to time.
15.
THE CONDITIONS OF SERVICE AND THE SALARY AND ALLOWANCES OF OFFICERS AND
OTHER EMPLOYEES OF THE TALUK LEGAL SERVICES COMMITTEE— (1)
The officers and other employees of the Taluk Legal Services Committee
shall be entitled to draw pay and allowances in the scale of pay indicated
against each post at par with the State 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 Taluk Legal Services Committee shall be governed by the State
Government Rules as are applicable to persons holding equivalent posts.
(3)
The officers and other employees of the Taluk Legal Services Committee
shall be entitled to such other facilities, allowances and benefits as may
be notified by the State Government from time to time.
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16.
THE UPPER LIMIT OF ANNUAL INCOME OF A PERSON ENTITLED TO LEGAL SERVICES
UNDER CL. (H) OF SEC. 12. IF THE CASE IS BEFORE A COURT, OTHER THAN THE
SUPREME COURT- Any
citizen of India whose annual income from all sources does not exceed
Rs.50,000/- 1(Rupees
Fifty thousand only) or such higher
amount as may be notified by the State Government from time to time, shall
be entitled to legal services, .under Cl. (h) of Sec. 12 of the Act, if
the case is before a Court other than the Supreme Court.
17.
THE EXPERIENCE AND QUALIFICATIONS OF OTHER PERSONS OF THE LOK ADALATS
REFERRED TO IN CL. (B) OF SUB-SECTION (2) OF SEC. 19 OTHER THAN REFERRED
TO IN SUB-SECTION (3) OF SEC. 19—A
person shall not be qualified to be included in the Bench of Lok Adalat
unless he is:—
(a)
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; or
1
Govt. of Goa, L & J, Dept.(Esttb), Notification No.6/28/92/LD(Misc-I)Part,
dated 15-06-2004.
(b)
a lawyer of standing; or
(c)
a person of repute who is specially interested in the implementation of
the Legal Services Schemes and Programmes.
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SCHEDULE
C
[Please
refer to Rules 6, 7, 9(1) & (2), 11, 12(1), 14 and 15(1)]
Sl No
|
Nomenclature of the Post
|
Scale of Pay
|
Number of posts required
|
Job description
|
|
FOR STATE LEGAL AUTHORITY
|
|
|
|
1.
|
Member-Secretary
|
As proposed from time to
time
|
1 post
|
As specified in the rules
|
2.
|
Head Clerk
|
“
|
1 post
|
|
3.
|
Jr. Stenographer
|
“
|
1 post
|
|
4.
|
U.D.C.
|
“
|
1 post
|
|
5.
|
L.D.C.
|
“
|
1 post
|
|
6.
|
Peon
|
“
|
1 post
|
|
|
FOR DISTRICT LEVEL
AUTHORITY:
|
|
|
|
1.
|
Member-Secretary
|
“
|
2 post
|
|
2.
|
U.D.C.
|
“
|
2 post
|
|
3.
|
Jr. Stenographer
|
“
|
2 post
|
|
4.
|
L.D.C.
|
“
|
2 post
|
|
5.
|
Peon
|
“
|
2 post
|
|
|
FOR TALUK LEVEL
COMMITTEES:
|
|
|
|
1.
|
U.D.C.
|
“
|
5 post
|
|
2.
|
L.D.C.
|
“
|
5 post
|
|
3.
|
Peon
|
“
|
5 post
|
|
Top
|