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JAMMU AND KASHMIR
LEGAL SERVICES AUTHORITY
IDA Ce lex Janipur Jammu
Notification
Jammu, the 22" February,2021
No.01.- In exercise of the powers conferred by section
29A of Legal Services Authorities Act,1987 (Central Act
No.39 of 1987), the J&K Legal Services Authority hereby
makes the Regulations called the Jammu and Kashmir
Legal Services Aut Regulations,2021, attached
herewith as annexure
By Order,
(™.«.SRarma)
Member Secretary
No.SLSA/Estt/2021/02/253-260 Dated: 22.02.2021
Copy for information to the:
1. Registrar General, Hon'ble High Court of J&K Jammu.
2. Secretary to Hon'ble the Chief Justice, High Court of J&K
Jammu (Patron in Chief, J&K Legal Services Authority).
3. Secretary to Government , Department of Law Justice
and Parliamentary Affairs J&K Jammu.
4. Secretary to Hon’ble Executive Chairman, J&K Legal
Services Authority.
5. Secretary to Hon'ble Chairman, J&K High Court Legal
Services Committee.
6. Chairmen District Legal Services Authorities / Tehsil
Legal Services Committees.
7. General Manager, Government Press Jammu for
publication in an extraordinary issue of Government
Gazette. 150 copies of the notification may kindly be
furnished to this office within 10 days.
8. Notification file.
(M. K.Sharma
Member Secretarynnexure
J&K LEGAL SERVICES AUTHORITY
Notification No. © |
Jammu, the yo Feb 2°21
In exercise of the powers conferred by section 29A of Legal Services
Authorities Act, 1987 (Central Act No.39 of 1987), the J&K Legal Services
Authority hereby makes the following Regulations.
THE JAMMU AND KASHMIR LEGAL SERVICES
AUTHORITY REGULATIONS, 2021.
CHAPTER I
Preliminary
1. Short title and commencement,—{I) These regulations may be called
the Jammu and Kashmir Legal Services Authority Regulations,
2021.
(2)They shall come into force with effect from the date of their publication
in the official gazette,
2. Definitions.—(1) In these regulations, unless the context otherwise
requires—
(@) “Act” means the Legal Services Authorities Act, 1987
(Central Act No.39 of 1987) ;
(b) “Aided Person” means a person to whom legal service is
Provided in accordance with the provisions of the Act, rules and
these regulations
(©) “Committee” means in relation to the High Court, the High Court
Legal Services Committee and in relation to the Tehsil, the Tehsil Legal
Services Committee ;
(4) “District Authority” means the District Legal Services
Authority constituted under section 9 of the Act ;
(©) “High Court” means the High Court of Jammu and Kash
(Q) “Legal Service” includes rendering of any services in the conduct of
any case or other legal proceedings before any court or any other
authority or tribunal and giving of advice on any legal matter.
(g) “Rules” means the Jammu and Kashmir Legal Services
Authority Rules, framed under the ActVf
@)_All other words and expressions used in these regulations, but not
defined, shall have the same meanings as are assigned to them in the Act
orthe rules framed thereunder,
CHAPTER I
High Court Legal Services Committee
3. Number, experience and qualification of member of the High Court
Legal Services Committee .—(1) The High Court Legal Services
Committee shall including Chairman and Secretary, have not more than seven
members to be nominated by the Chief Justice.
(2) A person shall not be qualified for nomination as a member of
the High Court Legal Services Committee unlesshe is—
(@)_aneminent 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 ficld of law or pubic
administration or
(© person of repute who is specially interested in the
implementation of the legal services schemes.
4. Term of office and other conditions of appointment of the High
Court Legal Services Committee.—(1) The term of office of the members of
the High Court Legal Services Committee nominated under regulation 3 by
the Chief Justice shall be two years and they shall be eligible for re-
nominations.
(2) A member of the High Court Legal Services Committee under
regulation3 may be removed by the Chief Justice of the High Court, if —
(a) _he fails, without sufficient cause, to attend three consecutive
meetings of the High Court Legal Services Committee ;
(b) hasbeen adjudged as insolvent; or
(©)_ hasbeen convicted of an offence, which in the opinion ofthe
State Authority involves moral turpitude ; or
(@)_ has become physically or mentally incapable of acting as a
member ; or
(©) has so abused his position as to render his continuance in the
High Court Legal Services Committe, without prejudiciel to the
public interest:
Provided that, no member shall be removed from the High Court
Legal Services Committee, without affording him reasonable opportunity of
being heard.
(3) A member may by writing under his hand addressed to the
Chairman, resign from the High Court Legal Services Committee and such
Fesignation shall take effect from she date on which it is accepted by
the Chief Justice or on the expiry of 30 days from the date of
tendering resignation, whichever is earlier
(4) If any member nominated under regulation 3 ceases to be
member of the High Court Legal Servises Committee for any reason, the
vacancy shalt be filledup in the same manner as the criginal nomination and the
person so nominated shall continue to be a member for the remaining term
ofthe member in whose place he is nominated,
SS eeAs
(5) Subject to the provisions of sub-regulation (6) all members
nominated under regulation 3 shall be entitled to payments of travelling
allowance and daily allowance in respect of journeys performed in
connection with the work of the High Court Legal Services Committce and
shall be paid by the High Court Legal Services Committee in accordance
With the rules as are applicable to the Class 1 Officers of the Government as
amended from time to time.
(6) Ifa member is a Government employee, he shall be entitled to
Graw the travelling allowance and daily allowance at the rates to which he is
Entitled to under the service rules applicable to him and shall draw from the
department, in which he is employed and not from the State Authority,
5. Functions of High Court Legal Services Committee (1) It shal!
be the duty of the High Court Legal Services Committee to give effect to the
Policy and directions of the State Authority.
(2) Without prejudice to the generality of the functions referred to in
sub-regulation (1) the Committee shall, perform all or any of the following
functions for the High Court, namely :-—
(2) _ provide legal services to persons who satisfy the criteria laid
down under the Act and the rules framed there under ;
(6) conduct Lok Adalats for High Court cases ; and
(©) _ encourage the settlement of disputes by way of mediation,
negotiations, arbitration and conciliation.
6. Functions of the Secretary—{1) The Secretary shall be the
custodian of all assets, accounts, records and funds placed at the disposal of
the Committee and shall work under the supervision and directions of the
Chairman 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.
7, Meetings of the Committee—(1) The Committee shall ordinarily
meet once a month on such date, and at such place as the Secretary may, in
consultation with the Chairman decide.
(2) The Chairman, and in the absence of the Ch
nominated by him shall preside over the meeting of the committee.
(3) The procedure at any meeting of the Committee shall be such as the
Committee may determine.
(4) 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 members of the Committee. Acopy of
the minutes shall, as soon as may be, after tle meeting, be
forwarded tothe State Authority.
(5) The quorum for the meeting shall be four, including the
Chairman or the member presiding over the meeting,
(6) Allquestions at the meeting of the Committee shall be decided by a
‘majority of the members present and voting and in case of a tie, the person
presiding shall have a second or casting vote.8. Funds, accounts and audit of the Committee—{1) The funds of
the Committee shall consist of such amounts as may be allocated and granted to
it by the State Authority as also such amounts as may be received by the
Committee from time to time either by way of donations or by way of costs,
charges and expenses recovered from the legal aided persons or the opposite
Party or otherwise.
(3)_ For the purpose of meeting the incidental minor charges such as
Court fee, stamps and expenditure necessary’ for obtaining copies of
documents etc, a permanent advance of rupees féve thousand shall be placed at
the disposal of the Secretary ofthe Committee,
(4) All expenditure on legal aid and advice, provision of other legal
services as also expenditure necessary for carrying out the various functions of
the Committee, shall be met out ofthe funds of the Committee. Secretary shall
‘operate the bank accounts of the Committee in accordance with the
directions of the Chairman.
() The Committee shell cause to be kept and maintain true and
correct accounts of all receipts and disbursements and furnish quarterly
returns to the State Authority. The records shall be maintained in
accordance with the provisions of the Financial Code. The accounts of the
Committee shall be audited by the Local Audit Department at least once an
year and any expenditure incurred in connection with such audit shall be
paid by the Committee.CHAPTER IIT
District Legal Services Authorities and Tetsal Legal Services
Committees,
9. Secretary District Legal Services Authority:-—(1) The Secretary of
the District Legal Services Authority appointed under sub-section (3) of
section 9 of the Act, shall act, exercise and perform the duties of the
Secretary ofthe District Legal Services Authority
(2) The Secretary of the District Authority shall be custodian of all
assets, accounts, records and funds placed at the disposal of the District
Authority,
(3) The Secretary shall maintain or cause to be maintained true and
Proper accounts of the receipts and disbursement, of the funds of the
District Authority.
(4) The Secretary shall convene meetings of the District Authority
with the previous approval of the Chairman and shall also attend meeting and
shall be responsible for maintaining a record of the minutes of the
proceeding of the meetings.
10. Meeting of the District Authoritx—{\) The District Authority
shall ordinarily mect once a month on such date, at such place, as the
Secretary may, in consultation with the Chairman decide.
(2) The Chairman, and in the absence of the Chairman, a member
nominated by the Chairman shall preside over the meeting of the Dist
(3) The procedure at any meeting of the District Authority shall be
such asthe District Authority may determine,
(4)_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 members ofthe District Authority.
A copy of the minutes shall, as soon as may be after the meeting be
forwarded to the Chairman of the District Authority and the Member
Secretary of the State Authority.
(5) The quorum for the meeting shall be three including the
Chairman or the member presiding overthe meeting,
(6) All questions at the meeting of the District Authority shall be
decided by a majority of the members present and voting and in acase of a tie,
the person presiding shall have second or casting vote.
11, The term of office and other conditions of members of the
District Authority.—The term of office of the members nominated under
clause (b) sub-section (2) of section 9 of the Act, to the District Authority,
shall be for two years, and they shall be eligible for re-nomination,
12, Subject to the regulation 13, all nominated members of the
District Authority shall be entitled to payment of travelling allowance and
aily allowance in respect of journeys performed in connection with the
District Authority and shall be paid by the District Authority in accordance
with the rules as are applicable to Class 11 Officers of the Government as
amended from time to time.
13, If a member is a Government employee, he shall be entitled to
draw travelling allowance and daily allowance at the rates to which he is
entitled under the Services Rules applicable to him and shall draw from the
department in which he is employed, and not from the District Authority.Kus
14. Funds of the District Authority.— (1) The funds of the District
Authority established under section 17 of the Act, shall be maintained in a
Scheduled Bank,
(2) For the purpose of meeting the incidental minor charges such as
court fee, stamps and expenditure necessary for obtaining copies of the
documents etc., a permanent advance of rupees three thousand shall be
placed at the disposal of the Secretary ofthe District Authority.
(3) All expenditure on legal aid and advice, provisions of other legal
services as also expenditure necessary for carrying out the various
functions of the rict Authority, shall be met out of the funds of the
District Authority and in accordance with such rules as may be made by the
District Authority with the prior approval of the State Authority.
(4) The Secretary shall operate the bank accounts of the District
Authority.
(5)_ The District Authority shall cause to be kept and maintained true
and correct accounts of all receipts and disbursements and furnish
Quarterly return to the State Authority. Such accounts shall be audited in
accordance with the provisions of section 18 of the Act.
15. Secretary of the Tehsil legal Services Committee—(1) The
Secretary to the Tehsil Legal Services Committee appointed under sub-rule (3)
of the rule 16 shall be part time Officer and for the discharge of the
additional duties shall be paid honorarium as may be fixed from time to time by
the State Authority in consultation with State Government.
(2) The Secretary shall be the custodian of all assets, accounts,
records and funds.
(3) The Secretary shall maintain or cause to be maintained true and
proper accounts of the receipts and disbursement of furds of the Tehsil
Committee.
(4) The Secretary shall, with the pervious approval of the Chairman,
convene meetings of the Tehsil Committee and shall also attend meetings and
shall be responsible for maintaining a record of the’ minutes of the
proceedings of the meetings.
16. Meetings of Tesi! Committee (1) The Tehsil Committee shall
ordinarily meet once a month on such date, at such place, as the Ci
may decide,
(2) The Chairman, and in the absence of the Chairman, a member
nominated by the Chairman shall preside over the meeting of the Tehsil
Committee.
(3) The procedure at any meeting of the Tehsil Legal Services
Committee shall be such as the Tehsil Committee may determine.
(4) 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 time by the members of the Tehsil Committee, A
copy of the minutes shall, as soon as may be, after the meeting, be
forwarded to the District Authority as well as State Authority.
(5) The quorum of the meeting shall be three including the
Chairman or the member presiding over the meeting,
(6) Ald questions at the meeting of the Tehsil Committee shall be
decided by the majority of the members present and voting and in case of a tie,
the person presiding shall havea second or casting vote.17. Funds, accounts and audit of the Tehsil Legal
Services Committee.-{1) The funds of the Tehsil Committee shall consist
of such amountsas may beallocated and granted to it by he State Authority as
also such amount as may be received by the Committee from time to time
cither by way of donations or by way of costs, charges and expenses
Fecovered from the legal aided persons or the opposite party or otherwise.
(2) The funds of the Tehsil Committee shall be maintained in a
Scheduled Bank,
(3) For the purpose of meeting the incidental minor charges such as
court fee, stamps and expenditure necessary for obtaining copies of
documents etc., a permanent advance of rupees two thousand shall be
placed at the disposal of the Secretary of the Tetsil Committee.
(4) All expenditure on legal aid and advice, provisions of other legal
services as also expenditure necessary for carrying out the various functions of
the Tehsil Committee shall be met out of the funds of the Tehsil
Commitee.
(5) The Chaimman / Secretary shall operate the bank accounts of the
Committee.
(©) The Tehsil Committee shall cause to be kept and maintain true
‘and correct accounts of all receipts and disbursements and furnish quarterly
returns tothe State Authority. The accounts of the Tebsil Commitee shall be
audited by the Local Audit Department at least once a year and any
‘expenditure incurred in connection with such audit shall be paid by the Tehsi
Committee.
18. Term of office and other conditions of members of Tekst
Legal Services Committee—The provisions of regulations 11, 12 and 13
shall apply mutatis mutandis to the members of Tetsil Legal Services
Committee nominated under clause (b), sub-section (1) of section 11A of the
Act.
CHAPTER IV
Legal Aid.
19. Criteria for giving legal services.-In addition to the persons
described in section 12 of the Act, the Legal Services Committee or
‘Authority may grant legal aid :-—
()_inacase of great public importance ; or
(i) ina test case, the decision of which is likely to affect cases of
‘numerous other persons belonging to the weaker sections of the
‘community ; or
iil) in any case, which for reasons to be recorded in writing, is,
considered by the Chairman to be deserving of legal aid even
where the main test is not satisfied.
20. Legal aid not to be given in certain cases. — Legal aid shall
aot be given in the following cases, namely :~
(Proceedings wholly or partly in respect of —
(@) defamations ; or
(b) mal
(©) person proceeded for contempt of court,
ious prosecution ;
(2) Proceedings in relation to any elections ;@) Proceedings incidental toany proceedings referred to in items
(and (2);
(4) Proceedings in respect’ ofeconomicoffences and offences
against social laws:
Provided that the Chairman may in appropriate cases grant legal aid
even in such proceedings for reasons to be recorded in wi
(9) Where a person secking legal aid—
(9) is concerned with the proceedings only in official capacity; or
(b) _ifa formal party to the proceedings, not materially concerned in the
Outcome of the proceedings and his interests are not likely to be
Prejudiced on account of the absence of proper representation.
21. Application for legat ald or advice —(1) Any person seeking
legal aid or advice may make an application-cum-affidavit addressed to the
Secretary to the Authority/Committee. But if the applicant is illiterate or not in
3 position to fill in the particulars required in the application, the Secretary or
any other officer of the Committee or any legal practitioner whose name
appears on the panel of legal aid lawyers of the Authority/Committee, as the
case may be, shall gather the necessary particulars from the applicant and
Prepare the application on his behalf and after reading it out and
explaining it to him obtain his signature or thumb mark on it
(2). The application-cum.
“Form A”,
idavit should be in the form annexed as
(3) The application-cum-affidavit shall be accompanied with a
certificate of the competent authority who for the purpose of clauses (a),
(b), (©), (¢) and (f) of section 12 of the Act shall be Tehsiddar/any Gazetted
Officer, for the purpose of clause (d) Medica OMficer and for purposes of
clause (g) of the section 12 shall be incharge of the custody and Superintendent
Hospital, Nursing Home respectively. The certificate shall be in “Form B”
annexed herewith or in the form prescribed under relevant rules
governing that particular category.
22. Certificate of eligibitity.—(1) Where an application for legal or
advice is allowed, the Secretary of the Authority/Committee shall issue a
certificate of eligibility to the applicant entitling him to legal aid or advice
in respect of the proceedings concerned. The certificate shall be in shape of
“Form C” annexed herewith,
(2) In case the legal aid is withdrawn, the lawyer to whom the case is
assigned and the courvtribunal before which the case is pending shall be
informed accordingly in writing,
23, Honorarium payable o legal practitioner on the panel.—(1)
The Authority / the Committee shall prepare a panel of legal practitioners
who are prepared to represent or prosecute the cases on behalf of the legal
sided persons under these reguiations. The legal practitioners on the panel shall
be paid honorarium as set out in the Schedule,
Provided that where the matter is disposed of in less than five effecting
hearings, the fee payable shall be 1/3 of the fee prescribed in the Schedule,
(2) _ No legal practitioner to whom any case is assigned either for legal
advice or for legal aid 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 practitioner on the panel, who has completed his
iment shal} submit a statement showing the honorarium due to him in
connection with the legal proceeding conducted by him on behalf of thelegally aided persons to the Secretary of the Authority/ Committee who
shall, with the approval of the Chairman and after the scrutiny and counter-
signature, place the same before the Authority/Committee for sanction and on
such sanction being given by the Authority/Committee, the amount shall be
paid by the Secretary to the legal practitioner. The legal practitioner, may,
however, waive the honorarium in whole or part.
24. Cancellation of Certificate of Eligibility—The Authority!
Committee may either on its motion or otherwise cance! the certificate of
eligibility granted under regulation 22, under the following circumstances,
namely =
(2) in the event of being found that the aided person was
possessed of sufficient means and the certificate of eligibility was obtained
bby misrepresentation or fraud;
(b) in the event of any material change in the circumstances of the
aided person ;
(©) in the event of any misconduct, misdemeanor or negligence on
the part of the aided person in the course of receiving legal
aid;
(@) in the event of the aided person not co-operating with the
‘Committee/Authority or with legal practitioner assigned by the
Committee’ Authority ;
(©) in the event of the aided person engaging a legal practitioner
otherthan the one assigned by the Committee/Authority ;
(0) in the event of death of the aided person except in case of civil
proceedings where the right of liability survives ;
(@) a report has been received from the advocate assigned to the
legally aided person that the legally aided person is not co-
operating with the advocate and such report has been
verified by the Chairman of the Legal Services Committee/
Authority :
Provided that no such certificate of eligibility shall be cancelled
without giving due notice thereof to the aided person or to his legal
representatives in the event of his death, to show cause as to why the
certificate should not be cancelled.
(2) Where the certificate of eligibility is cancelled on the ground set out
in clause (a) above, the Authority / Committee shall discontinue legal aid
allowed and shall be entitled to recover from the aided person the amount of
legal aid granted to him.
25. Proceedings by the Chairman in most urgent cases:—
Notwithstanding anything to the contrary contained in these regulations, in
case the Chairman of any Committee/Authority is of opinion that such a
situation has arisen wherein immediate action is required to be taken, or
there is no possibility of immediate convening the meeting of the
Committee/Authority, then he may, in anticipation of the approval of the
Committee/Authority concemed, take such action as he may deem fit, and
thereafter, he shall, as soon as possible, send a report of his action so taken, to
the Committee/ Authority concemed.CHAPTER V
Appointment of Officers and Employces of the Legal Services
Authorities and Committees
26. Appointment of Officers and Employees: (i) Appointment of
Officers and Employees of the Legal Services Authorities and Committees
shall be made by the Chief Justice / Patron-in-Chief on the basis of
recommendations made in that behalf by the Executive Chairman.
(ii) With a view to achieving the objective as aforesaid in Regulation
26(i), the Chief Justice / Patron-in-Chief shall frame Recruitment Rules
Prescribing the qualifications, mode of recruitment and the allied matters
therein.
27. Functions of the State Authority.—(1) In addition to the
functions specified in section 7 of the Act, the State Authority shall exercise
supervision and control including the disciplinary control over the
employees of the State Legal Services Authority, High Court Legal
Services Commitee, District Authority and Tehsil Legal Services
Committees under the prescribed rulestegulations for effecting such control.
(2) The State Authority shall exercise the supervision and control as
mentioned in clause (1) through its Executive Chairman,
(3) Executive Chairman may in consultation with the Chief Justice
delegate powers of supervision and control including power to initiate
disciplinary proceedings against the officers/ employees of the State Legal
Services Authority’ High Court Legal Service Committee/District Legal
Services Authority/Tehsil Legal Services Committee to any person.
28. Posting and transfers—In the interest of administration and
‘smooth functioning of the Authorities/Committees, the Member Secretary, Legal
Sarviees Authority, on approval ofthe Executive Chairman, may order within and
inter Authorities/Committees such transfers and postings, as are required
from time to time.
29. The provisions of Jammu and Kashmir Employees (Conduct)
Rules, 1971 and Jammu and Kashmir Civil Service (Classificatioa, Control
and Appeal) Rules, 1956 deemed to have been issued under proviso to Art.
309 of Constitution of India vide notification S.O. 04 dated 31.10.2019 and
S.O. 18 dated 10.01.2020 respectively shall apply mutatis mutandis with
respect to the matters covered by the said rules/regulations.
CHAPTER VI
Miscellaneous
lo
30, Without prejudice to the powers of the Government to frame Rules regarding
entitlement to Salary, Allowance and other conditions of services of the officers and the
employees of the Authorities and Committees, these regulations shall be read supplemental
tothe Rules framed or to be framed by Government under sub-section (6) of section 6,
sub-section (6) of section 8-A, sub-section (6) of section 9 and sub-section (4) of section 11-A
of the Act in so far they are not inconsistent with the Rules.
31. The State Authority may, in case of absence of Member- Secretary/Secretary
or in emergency authorize any Officer of the Legal Services Authorities/Committees to
discharge functions of the Member Sectetary /Secretary of a particular Authority (Committee,u
SCHEDULE
Advocates engaged out ofthe panel as prepared for defending/protecting legal interest of a
person granted free aid shall be entitled to the fee as under:—
A. High Cou
The panel Lawyers may be paid at High Court Level:-
1. ]Civil/Criminal W.P, Criminal Appeals, FAOS/RFAs, | Rs.10,000/- per case
Revision (Civil Criminal )
2. Rs, 7,500/-
Civil/Criminal Cases not covered at Sr.No.1
3. | Charges for drafting of substantive pleadings, Rs. 2,500- maximum in
applications and other Miscellaneous Charges: cone case.
B, E / CENTRAL TI JALS
1.__[Alltypesof cases Rs. 10,000/-
Drafting of Substantive pleadings, Miscellaneous Rs. 2,500/- maximum ir
applications. one case.
€. The Panel Lawyers at Subordinate Courts at all levels
including Tribunals at District level may be paid;-
1, _ | Sessions Trials Rs.12,500/- per case
inclusive of all other
expenses.
2. | Allother cases Rs.7500/- inclusive of
all other expenses.
Explanation.—For the purpose of these regulations ;—
(1) “Court of Sub-Division Level/Tehsil Level” means the Court of
Chief Judicial Magistrate, Sub-Judge, Judicial Magistrate,
Court of Assistant Commissioner Ist Grade, Sub-Divisional
Collector, Sub Divisional Magistrate, Tehslda.
Q “District Level Court” shal! mean the Court of District &
Sessions Judge, Additional District and Sessions Judge, District
Collector, Divisional Commissioner, District Consumer Forum
and Labour and Industrial Tribunal.
@) “High Court Level” means the High Court of Jammu and
Kashmir State Consumer Disputes Redressal Commission, the
Financial Commissioner Revenue (Appeals), Central
‘Administrative Tribunal and Special Tribunal.
II. Fee payable to a panel lawyer under these regulations shall be
made in three installments as under :-—
(i) 1rd of the fee, on engagement of the lawyer, payable after
first hearing of the case;
(ii) 1/3rd of the fee payable after Sth effective hearing of case ;
able after the final decision of
Member Secretary
ones:Io
FORMA.
Application-cum-AfTidavit for free Legal Services under Rule
22, Jammu and Kashmir legal Services Authorities Rules. 2020 and
regulation 21 (2) of J&K Legal Services Authority Regulations,2020
-To
Member-Seeretary of the State Authority/Secretary of the High Court Legal
Services Committee/Chairman/ Secretary of District Authority /Tehsil Legal
Services Committee.
(Strike out which isnot applicable)
1, Name of the applicant,
(Capital Letters)
2. Name of the father/husband/guardiar/next friend
3. Placeofresidence villagelcity.
Tehsil ooo
Di
P.O,
4, Occupation of the applicant
5. Whether permanent resident of J&K
6. (@) Whether applicant isa member of
Scheduled Caste/Scheduled Tribe or
Bc.
(b) avictim of trafficking in human being or
beggar referred to in Art. 23 ofthe
Constitution,
(©) awoman/chitd
(@ a victim of mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake or industrial
disaster.
(©) an Industrial workman,
(in custody, including custody in a protested home within
meaning clause-of section 2 of Immoral ‘Traffic (Prevention)
‘Act, 1956 or inpsychiatric hospitalnursing home.
(g) belongs to any other category/class which may entitle hinvher to
claim free legal service
Note : —Attach the certificate from prescribed authority, for belonging to
the particular category, against which legal service is claimed
7. Whether you have received any legal service prior to this
application from the authority/committee
8. Whether you have to institute a fresh ease, if so, state the name of
Court/Tribunal where the case is to be instituted giving the brief
factsofthecase_________(use separate sheet for
siving facts).zl 9. Whether case is pending, if so, state :
(@)_ Name of the Court/Tribunal where case is pending.
(attach a certificate from the concerned Cour/Tribunal)
(b) The Stage of legal proceeding ©
Nature of the case giving the brief facts of the case
(use separate sheet for giving facts)
Date,
Place.
Signature/Thumb impression of
\ the applicant.
13ad
y
FORMB
(Under Sub-Regulation (3) of Regulation 21)
(i) This is to certify tht I am personally satisfied that
Shri/ Smt, son/daughter/
widow/wife of Shri
Rio Tehsil District, belongs to
category/isa victim of natural calamity
like.
i) That Shrivsmt. son/
daughter/widow of Shri
Ro. Tehsil
District suffering from, is
physically handicapped
That Shri/Smt, sor
daughter/widow of Shri.
Rio. Seeeeicicadecrrcaecesca eceeeece
District___________isin custody/protected home.
Note :—Strike out which is not applicable.
Dated:
Place:
Signature with Seal,Le
1s
FORM C
(Under Regulation 22)
‘To be filled in by the Secretary of the Authority/Committee
(That Shri son
daughter/widow/wife of Shri
Rio. Tehsil
District, has applied for legal service. His/her
ccase was found to be genuine. Counsel Shei. is
engaged on behalf of the :
i) Legal aid is given in favour of Shri
son/daughter/widow/wife of Shri
Ro, Tebsil
District,
Note :—Strike out which is not applicable.
Date,
Place
Authority/Committee
The Regulations were adopted today on by the State Authority
Member Secretary,
JK Legal Services Authority.