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CHAPTER
I
PRELIMINARY
l.
SHORT TITLE AND COMMENCEMENT
2.
DEFINITIONS
CHAPTER
II
3.
VESTING OF THE EXECUTIVE AUTHORITY.
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CHAPTER
III
STATE
AUTHORITY
4.
FUNCTIONS OF THE STATE AUTHORITY UNDER THE ACT
CHAPTER
IV
HIGH
COURT LEGAL SERVICES COMMITTEE
5.
DUTIES AND FUNCTIONS OF THE HIGH COURT LEGAL SERVICES COMMITTEE
6.
THE CONSTITUTION OF THE HIGH COURT LEGAL SERVICE COMMITTEE.
7.
TERMS OF OFFICE OF THE MEMBERS AND SECRETARY OF THE HIGH COURT LEGAL
SERVICES COMMITTEE
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CHAPTER
V
DISTRICT
AUTHORITY
8.
TERM OF THE OFFICE OF THE MEMBERS OF THE DISTRICT AUTHORITY.
9.
REMOVAL OF THE MEMBER FROM THE OFFICE OF THE DISTRICT AUTHORITY
10.
THE ADDITIONAL FUNCTIONS OF THE DISTRICT AUTHORITY
CHAPTER
VI
TALUKA
COMMITTEE
11.
TERM OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF MEMBERS OF THE
TALUKA COMMITTEE
12.
REMOVAL OF THE MEMBER FROM THE OFFICE
CHAPTER
VII
CONDUCT
OF BUSINESS
13.
MEETINGS
14.
MINUTES OF THE MEETING
15.
EXPENDITURE FOR THE MEETING
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CHAPTER
VIII
LEGAL
AID
16
FILING OF APPLICATION FOR LEGAL SERVICES.
17.
SCRUTINY OF APPLICATIONS.
18.
DUTY OF LEGAL PRACTITIONER TO TAKE FURTHER ACTION, AFTER THE DECISION OF A
CASE BY THE COURT.
19.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE HIGH COURT
MATTERS
20.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE DISTRICT
COURT MATTERS
21.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE TALUKA CIVIL
AND CRIMINAL COURTS.
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THE
GOA LEGAL SERVICES AUTHORITY REGULATIONS SCHEDULES
SCHEDULE
I
SCHEDULE
II
SCHEDULE
III
THE
GOA STATE LEGAL SERVICES AUTHORITY
REGULATIONS,
1998
In
exercise of the powers conferred under the provisions of Section 29-A of
the Legal Services Authorities Act, 1987 and in consultation with the
Hon'ble. The Chief Justice of Bombay High Court, the State Legal Services
Authority hereby makes the following Regulations.
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CHAPTER
I
PRELIMINARY
l.
SHORT TITLE AND COMMENCEMENT—These
Regulations may be called Goa State Legal Services Authority Regulations
and they shall come into force from the date of publication in the Goa
Government Gazette.
2.
DEFINITIONS—In
these Regulations, unless the context otherwise requires;—
(a)
"Act" means, the Legal Services Authorities Act,
1987 (No. 39 of 1987):
(b)
"Chairman" means the Executive Chairman of the State Authority,
or the Chairman of the High Court Legal Services Committee, or the
Chairman of the District Legal Services Authority, or the Chairman of
Taluka Committees, as the case may be;
(c)
"District Authority" means
the District Legal Services Authority constituted under Section 9
of the Act.
(d)
"High Court Committee" means the High Court Legal Services
Committee for Goa State constituted under Section 8-A of the Act;
(e)
"Legal Practitioner" shall have the meaning assigned to that
expression in the Advocates Act. 1961 (Act No. 25 of 1961):
(f)
"Member" means a member of the State Authority or High Court
Committee or District Authority or the Taluka Committee, as the case may
be:
(g)
"Nominated Member" means a member nominated to the State
Authority or High Court Committee or the District Authority or the Taluka
Committee, as the case may be;
(h)
"Patron-in-Chlef ' means the Chief Justice of the High Court of
Bombay:
(i)
"Rules" means the Goa State Legal Services Authority Rules.
1996:
(j))
"Secretary" means the Member-Secretary of the State Legal
Services Authority or the Secretary of the High Court Legal Services
Committee, or the Secretary of the District Legal Services Authority, as
the case may be;
(k)
"State Authority" means the Goa State Legal Services Authority
constituted under Section 6 of the Act:
(l)
Taluka Committee" means the Taluka Legal Services Committee
constituted under Section 11-A of the Act:
(m)
All other words and expressions used in these Regulations but not defined
shall have the meaning respectively assigned to them in the Act and the
Rules framed there under.
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CHAPTER
II
3.
VESTING OF THE EXECUTIVE AUTHORITY.— (
1 ) The Executive
Authority of the State Authority shall vest in the Executive Chairman and
may be exercised by him through the Member-Secretary who shall act under
the control of the Executive Chairman:
Provided
that the Patron-in-Chief may in respect of any decision to be taken give
such advice as is deemed necessary.
(2)
The Executive Authority of the High Court Legal Services Committee shall
vest in its Chairman and may be exercised by him through the
Member-Secretary who shall act under the control of the Executive
Chairman.
(3)
The Executive Authority of the District Authority shall vest in its
Chairman and may be exercised by him through its Secretary who shall act
under the control of the Chairman.
(4)
The Executive Authority of the Taluka Committee shall vest in its Chairman
and may be exercised either by himself or through such other officer who
is chosen for the purpose
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CHAPTER
III
STATE
AUTHORITY
4.
FUNCTIONS OF THE STATE AUTHORITY UNDER THE ACT—In
addition to the functions to be performed by the State Authority under the
Act, the State Authority may also perform the following additional
functions:—
(i)
The State Authority may conduct legal literacy camps in different parts of
the State with a view to transmitting knowledge about the legal aid
schemes conducted in the State and with a view to spreading consciousness
about the legal rights and duties of citizens with special reference to
the tribal and rural populations, women, children, disabled, handicapped
and the weaker sections of the Society.
(ii)
The State Authority may finance public interest litigations before
appropriate courts in the State if the State Authority is prima facie
satisfied that such litigations are for the general benefit of a large
body or class of persons who cannot by themselves take recourse of law due
to penury, illiteracy or other similar reasons.
(iii)
The State Authority may conduct legal aid clinics in different parts of
the State collaboration with Law Colleges Universities and other social
service organisations.
(iv)
The State Authority may also establish or direct the District Authority to
establish, standing conciliation Committees at various centres in the
State, with a view to providing permanent or quasi-permanent
infrastructures for resolving legal disputes between the parties, whether
they may be pending in courts or may be in the offing. For conducting such
committees it will be open to the State Authority to take active
assistance/support of such social service organisations that have zeal for
legal aid work.
(v)
The State Authority may call for periodical
reports returns and other information as it thinks fit from the
High Court Legal Services Committee, District Authority and Taluka
Committee.
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CHAPTER
IV
HIGH
COURT LEGAL SERVICES COMMITTEE
Constitution
of the High Court Legal Service Committee, its powers and functions, as
per section 8-A (i) of the Act.
5.
DUTIES AND FUNCTIONS OF THE HIGH COURT LEGAL SERVICES COMMITTEE.—The High Court Legal Services Committee shall perform all
or any of the following functions, namely:—
(i)
Give free legal service to persons who may have to file or defend
litigations pending in the High Court and who satisfy the eligibility
criterial laid down for the purpose of receiving free legal aid under the
Act.
(ii)
Conduct, under the supervision of the State Authority Lok Adalats for
settlement of cases pending in the High Court.
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6. THE CONSTITUTION OF THE HIGH COURT LEGAL SERVICE COMMITTEE.—The State Authority shall constitute a Committee called
the High Court Legal Services Committee consisting of a sitting Judge of
the High Court who shall be nominated by the Patron-in-Chief as Chairman
and the following other members also to be nominated by the
Patrol-in-Chief:-
(i)
The President of the Goa High Court Bar Association;
(ii)
One Member of the Goa High Court Bar Association having at least 10 years
of landing at the Bar.
(iii)
One serving or retired eminent Law teacher;
(iv)
An eminent social worker engaged in welfare of the weaker sections of the
people including Schedule Caste, Schedule Tribe or Member of Other
Backward Classes;
(v)
An eminent person in the field of Law;
(vi)
A person of repute and standing who is interested in the implementation of
the Legal Service Schemes.
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7.
TERMS OF OFFICE OF THE MEMBERS AND SECRETARY OF THE HIGH COURT LEGAL
SERVICES COMMITTEE—(1)
The term of the Office of the Secretary and the Members of the High Court
Committee shall be of 2 years unless earlier, terminated by the
Patron-in-Chief.
(2)
All Members of the Committee except the Secretary shall function in the
honorary capacity.
(3)
If any member including the Chairman ceases to be the member of the High
Court Committee 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 the member or the Chairman, as the case may be, for the
remaining term of the member or the Chairman in whose place he is
nominated,
(4)
A member of the High Court Legal Services Committee may resign his Office
by writing under his hand addressed to the Patron-In-Chief through the
Executive Chairman of the State Authority and forwarded by the Chairman of
the High Court Committee.
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CHAPTER
V
DISTRICT
AUTHORITY
8.
TERM OF THE OFFICE OF THE MEMBERS OF THE DISTRICT AUTHORITY.— (1) The term of the Office of the members and the
Secretary of the District Authority shall be for a period of 2 years.
(2)
If any member of the District Authority ceases to be the member 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 the member for
the remaining term of the member, in whose place he is nominated.
(3)
A member of the District Authority may resign his Office by writing under
his hand addressed to the State Government, through the Executive Chairman
of the State Authority and forwarded through the Chairman of the District
Authority. The resignation shall take effect from the date on which it is
accepted.
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9.
REMOVAL OF THE MEMBER FROM THE OFFICE OF THE DISTRICT AUTHORITY— (1) The
State Government may on the recommendation of the Patron-in-Chlef and in
consultation with the Executive Chairman of the State Authority remove any
nominated member from the District Authority.
(2)
All members of the District Authority except its Secretary shall function
in an honorary capacity.
10.
THE ADDITIONAL FUNCTIONS OF THE DISTRICT AUTHORITY—In
addition to the functions assigned by the provisions of the Act and the
Rules, the District Authority shall perform the following functions
subject to the general superintendence and control of the State
Authority;—
(i)
Shall perform such other functions as the State Authority may fix by
Regulations from time to time and shall also be guided by such directions
as Central Authority or the State Authority may give to it in writing from
time to time;
(ii)
Conduct legal literacy camps in different areas of the District,
especially in rural and tribal area with a view to transmitting knowledge
about the legal aid schemes conducted in the State and also with a view to
spreading consciousness about the legal rights and duties of the citizens
with special references to tribal and rural population and/or women/or
children/or disabled/or handicapped and the weaker sections of the
society;
(iii)
Conduct legal aid clinics in different parts of the District in
collaboration with Law Colleges, Universities and other social service
organisations:
(iv)
Supervise, direct and guide the working of the Taluka Committee in the
District;
(v)
Call for from the Taluka Committees in the District such periodical
reports, returns and other information as it may think fit or as are
required by the State Authority:
(vi)
Prepare, consolidate and submit such report, returns and such information,
in respect of District Authorities as the State Authority may call for;
(vii)
Receive applications for Legal Services and ensure that every application
is promptly processed and disposed of;
(viii)
Consider the cases brought before it for Legal Service, including
pre-litigation matters and decide as to what extent Legal Services can be
made available to the applicant;
(ix)
Persuade the parties to appear and make efforts to bring about a just
settlement between them and if necessary also, refuse the legal services,
if, in its opinion the conciliation has failed due to any fault on the
part of the applicant;
(x)
Encourage and promote conciliation and settlement in all legal
proceedings, including pre-litigations:
(xi)
Take proceedings for recovery of costs awarded to a person to whom legal
services were rendered;
(xii)
May, on an application made to it, review the cases where legal services
are refused by the Taluka Committee.
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CHAPTER
VI
TALUKA
COMMITTEE
11.
TERM OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF MEMBERS OF THE
TALUKA COMMITTEE—
(1) The term of Office of the members of the Taluka Committee shall be for
a period of two years.
(2)
If any member of the said Committee ceases to be such member 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 the member for
the remaining term of the member in whose place he is nominated.
(3)
A member of the said Committee may, resign his Office by writing under his
hand addressed to the Executive Chairman of the State Authority and
forwarded through the Chairman of the District Authority under intimation
to the Chairman of the Taluka Committee. Such resignation shall take
effect from the date on which it is accepted by the Executive Chairman of
the State Authority.
12.
REMOVAL OF THE MEMBER FROM THE OFFICE—A
nominated member of the Taluka Committee shall be removed by the State
Government on the recommendation of the Executive Chairman of the State
Authority.
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CHAPTER
VII
CONDUCT
OF BUSINESS
13.
MEETINGS—(1)
The Member-Secretary of the State Authority, with the prior approval of
the Executive Chairman, shall call meeting of the Authority at least once
in a month and as and when the business may warrant.
(2}
The Secretary of the High Court Committee, with prior approval of its
Chairman, the Secretary of the District Authority, and the Chairman of the
Taluka Committee, as the case may be, shall call meetings of the
respective bodies at least once a month and as frequently as the business
may warrant.
(3)
In the absence of the Executive Chairman of the State Authority or of the
Chairman of the High Court Committee, the District Authority or the Taluka
Committee as the case may be, one of the member chosen by the Members
present at the meeting shall preside over the meeting of the respective
bodies.
14.
MINUTES OF THE MEETING— (1)
The Minutes of the proceedings of every meeting shall be prepared by the
Member-Secretary.
(2)
The Secretary of the State Authority, Secretary of the High Court
Committee, Secretary of the District Authority, as the case may be, as
soon as possible, after the meeting and after obtaining the approval of
the respective Chairman, shall circulate the minutes to the members.
(3)
The minutes shall be confirmed and signed by the respective Chairman
unless any member who was present at the meeting to which the minute
relates raises an objection, to the minutes, as having been incorrectly or
incompletely recorded and has communicated his objection in writing to the
Member-Secretary or the Secretary, as the case may be, within 7 days of
the receipt of the minute by him or her. Any objection received shall be
considered by the respective Chairman of the bodies who may make such
modification in the minutes, as the ought proper and the modified minutes
shall then be confirmed and signed by the respective Chairman.
(4)
The State Authority may, on application made to it, review the cases where
legal services are refused by the District Authority.
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15.
EXPENDITURE FOR THE MEETING—
(a) The Member-Secretary of the State Authority is authorised to spend an
amount not exceeding Rs.5000/- (Rupees Five Thousand only) for a meeting
of the State Authority and an amount not exceeding Rs.3000/- (Rupees Three
Thousand only) for a meeting of any Sub-Committee, from out of the Legal
Aid Funds.
(b)
The Member-Secretary may sanction an amount not exceeding Rs.3000/-
(Rupees Three Thousand only) for each meeting of the High Court Committee
on the requisition of the Secretary of the Committee.
(c)
The Chairman of the District Authority may incur an expenditure not
exceeding Rs.2000/- (Rupees Two Thousand only) for a meeting of the
District Authority.
(d)
The Chairman of the District Authority is authorised to sanction an
eminent not exceeding Rs.1000/- (Rupees One Thousand only) from out of the
District Legal Aid Fund for each meeting of the Taluka Committee on the
requisition of the Chairman of the Taluka Committee.
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CHAPTER
VIII
LEGAL
AID
16
FILING OF APPLICATION FOR LEGAL SERVICES. —A
person seeking legal services by the High Court Legal Services Committee,
District Authority or the Taluka Committee, as the case may be, shall send
an application under affidavit containing the brief facts of the case, and
where the applicant is a person as in Section 12 (h) of the Act, not being
one under any other classes of that Section, the Affidavit shall also
state the details of the properties possessed by him and his annual income
from all the sources.
17.
SCRUTINY OF APPLICATIONS.—
The applications shall be scrutinised and disposed of by the Secretary of
the High Court Committee, by the Secretary of District Authority and by
the Chairman of the Taluka Committee, as the case may be, giving such
directions and following of such legal services as are thought necessary;
Provided
that all orders passed by the Secretary of the High Court Committee or of
the District Authority rejecting legal services shall be passed after
obtaining order of the respective Chairman:
Provided
further that all orders of grant of Legal Services by the Secretary of the
High Court Committee of the District Authority shall be subject to control
and modifications by the Chairman of the respective bodies.
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18.
DUTY OF LEGAL PRACTITIONER TO TAKE FURTHER ACTION, AFTER THE DECISION OF A
CASE BY THE COURT.—The
legal practitioner conducting a case or on behalf of a person receiving
the services shall, as soon as the case is decided, apply for a copy of
judgment and decree if any, and immediately on receipt of the copies shall
submit them to the body appointing him together with his detailed
comments. The Taluka Committee, the District Authority or the High Court
Committee, as the case may be, shall take steps to recover the expenses of
the services rendered from and out of the costs, if any awarded by the
court to the person concerned and received by him. Such bodies may also
consider, where necessary, the feasibility of filing any appeal, revision
or a Writ Petition if—
(i)
the case has been decided against the person;
(ii)
the case is prima facie fit for taking such remedies:
(iii)
the aided person has applied for legal services for taking recourse to
such remedies:
Provided
that it will not be necessary to make a fresh enquiry as to eligibility
under Section 12(h) of the Act, wherever applicable, unless the Taluka
Committee, the District Authority or the High Court Committee, as the case
may be, is of the opinion that a change of circumstances has taken place
since the grant of the legal services.
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19.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE HIGH COURT
MATTERS.—The
fees payable to the Legal Practitioners, representing the parties, in the
matters to be filed, conducted assigned the High Court Legal Services
Committee, shall be as per the Schedule I, appended to these Regulations:
Provided
that, for reasons to be recorded in writing, the Presiding Judge may award
a higher fee.
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20.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE DISTRICT
COURT MATTERS—The
fees payable to the Legal Practitioners, representing the parties, in the
matters to be filed, conducted assigned by the District Legal Services
Authority, shall be as per the Scheduled II, appended to these
Regulations:
Provided that, for reasons to be recorded in writing, the
Presiding Judge may award a higher fee,
21.
THE FEES PAYABLE TO THE LEGAL PRACTITIONERS APPEARING IN THE TALUKA CIVIL
AND CRIMINAL COURTS.—The
fees payable to the Legal Practitioners, representing the parties, in the
matters to be filed, conducted, assigned by the Taluka Legal Services
Committee shall be as per the Schedule III, appended to these Regulations
Provided
that, for reasons to be recorded in writing, the Presiding Judge may award
a higher fee.
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THE
GOA LEGAL SERVICES AUTHORITY REGULATIONS:
SCHEDULE
I
(
Vide Regulation No. 19)
|
1.
High Court Legal Services Committee
|
Minimum
(per case
Rs.
|
Maximum
(per case)
Rs.
|
|
Writ
Petition in the High Court
|
500.00
|
700.00
|
|
Writ
Appeal in the High Court
|
600.00
|
800.00
|
|
Letters
Patent Appeal
|
600.00
|
800.00
|
|
Second
Appeal in the High Court
|
500.00
|
750.00
|
|
First
Appeal in the High Court
|
600.00
|
800.00
|
|
Appeal
for Order
|
200.00
|
300.00
|
|
Civil
Miscellaneous Application
|
100.00
|
100.00
|
|
Civil
Revision Petition
|
200.00
|
300.00
|
|
Criminal
Appeal
|
250.00
|
500.00
|
|
Criminal
Revision
|
200.00
|
300.00
|
|
Criminal
Miscellaneous Application
|
100.00
|
100.00
|
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THE
GOA STATE LEGAL SERVICES AUTHORITY REGULATIONS:
SCHEDULE
II
(Vide
Regulation No. 20)
|
1.
District Legal Services Committee
|
Minimum
(per case
Rs.
|
Maximum
(per case)
Rs.
|
|
Sessions
Case
|
400.00
|
600.00
|
|
Criminal
Appeal
|
200.00
|
300.00
|
|
Criminal
Revision
|
100.00
|
150.00
|
|
Regular
Civil Appeal
|
300.00
|
400.00
|
|
Miscellaneous
Civil Appeal
|
200.00
|
300.00
|
|
Motor
Accident Claim Petitions
|
300.00
|
500.00
|
|
Miscellaneous
Civil Application
|
50.00
|
100.00
|
|
Miscellaneous
Criminal Application
|
50.00
|
100.00
|
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THE
GOA STATE LEGAL SERVICES AUTHORITY REGULATIONS:
SCHEDULE
III
(Vide
Regulation No. 21)
|
1.
Taluka Legal Services Committee
|
Minimum
(per case
Rs.
|
Maximum
(per case)
Rs.
|
|
Special
Civil Suit filed in the Court of Civil Judge, Sr. Division
|
400.00
|
600.00
|
|
Regulation
Civil Suits filed in the Court of Civil Judge, Sr. Division/Civil
Judge, Jr. Division
|
300.00
|
400.00
|
|
Regular
Criminal Case
|
200.00
|
300.00
|
|
Criminal
Cases to be tried summarily
|
100.00
|
150.00
|
|
Miscellaneous
Civil Application
|
50.00
|
100.00
|
|
Miscellaneous
Criminal Application
|
50.00
|
100.00
|
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|
