Goa State Legal Services Authority

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GOA STATE LEGAL SERVICES AUTHORITY RULES. 1996



 
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

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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

 

 

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