Bihar State Legal Services Authority, Regulation, 1998

{
    "id": 15511,
    "slug": "bihar-state-legal-services-authority-regulation-1998",
    "title": "Bihar State Legal Services Authority, Regulation, 1998",
    "short_title": "Bihar State Legal Services Authority, Regulation, 1998",
    "act_number": "Bihar State Legal Services Authority Notification ",
    "act_year": 1998,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar State Legal Services Authority, Regulation, 1998",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'Act' means the Legal Services Authorities Act, 1987 (Act 39 of 1987) as amended from time to time.\n(b) 'Rules' means the Bihar State Legal Services Authority Rules, 1996 framed under the Act as amended from time to time.\n(c) 'State Authority' means the State Legal Services Authority constituted under Section 6 of Legal Services Authorities Act, 1987.\n(d) 'High Court Legal Services Committee' , means the Committee constituted under Section 8-A of Legal Services Authorities Act, 1987 for Patna High Court at Patna.\n(e) 'District Legal Services Authority' , means the Authority constituted under section 9 of Legal Services Authorities Act, 1987 for each Revenue District in the State of Bihar,\n(f) 'Taluk Legal Services Committee' , means the Committee constituted under section 11-A of Legal Services Authority Act, 1987 for each of the Revenue Sub-divisions in the State of Bihar.\nChapter II\n3.\n4.\n(i)\na sitting Judge of the High Court (to be nominated by the\n\t\t\t\tChief Justice of High Court).\nExecutive Chairman\n(ii)\nthe Advocate General, Bihar\nMember\n(iii)\nthe President, Patna High Court Advocate, Bar Association.\nMember\n(iv)\nthe Secretary, High Court Legal Services Committee, Patna.\nSecretary\n(v)\nThe Chief Justice of the High Court may nominate other members\n\t\t\t\tnot exceeding three) from amongst those possessing the experience\n\t\t\t\tand qualification as prescribed in Regulation (5) below for Patna\n\t\t\t\tHigh Court Legal Services Committee.\n5.\n(a) an eminent social worker who is engaged in the upliftment of the weaker Section of the society, including Scheduled Castes, Scheduled Tribes, Women, Children, Rural and Urban labour, or\n(b) an eminent person in the field of law or public administration; or\n(c) a person of repute who is specially interested in the implementation of Legal Services Schemes.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "6",
            "title": "6. Term of Office and other conditions of appointment of High Court Legal Services Committee.",
            "chapter": null,
            "content": "(ii) A Member of the High Court Legal Services Committee nominated under Regulation (5) may be removed by the Chief Justice of the High Court on the recommendation of the Executive Chairman if-\n(a) he fails, without sufficient cause, to attend three consecutive meetings of the High Court Legal Services Committee;\n(b) has been adjudged as insolvent; or\n(c) has been convicted of an offence, which, in the opinion of the Chief Justice, involves moral turpitude; or\n(d) has become physically or mentally incapable of acting as a member; or'\n(e) has so abused his position as to render his continuance in the High Court Legal Services Committee prejudicial to the public interest:\n(iii) A Member may, by writing under his hand addressed to the Chief Justice resign from the High Court Legal Services Committee and such resignation shall be effective from the date on which it is accepted by the Chief Justice of the High Court.\n(iv) If any Member nominated under Regulation (5) ceases to be Member of the High Court Legal Services 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 a Member for the remaining term of the Member in whose place he is so nominated.\n(v) Subject to the provision of sub-regulation (vi) all Members nominated under sub-regulation (v) shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meetings and functions of High Court Legal Services Committee and shall be paid by the High Court Legal Services Committee at such rates as may be admissible to a class one officers, while travelling on official duty.\n(vi) If a Member is a Government employee, he shall be entitled to draw the travelling allowance and daily allowance at such rates as admissible to him under the service rules applicable to him and shall draw from the department, in which he is so employed.\n(vii) The Secretary of the High Court Legal Services Committee shall be a Judicial Officer not below the rank of Joint Registrar of High Court who shall be appointed by the Chief Justice in consultation with the Executive Chairman and shall be paid an honorarium of Rs. 250/- per month for the performance of the duties, which may be revised from time to time, by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "7",
            "title": "7. Functions of High Court Legal Services Committee.",
            "chapter": null,
            "content": "(ii) Without prejudice to the generality of the functions referred to in sub-regulation (i) the High Court Legal Services Committee shall perform all or any of the functions, namely,\n(a) provide Legal Services to persons who satisfy the criteria laid down under the Act and the Rules and Regulations framed there under;\n(b) conduct Lok Adalats for the cases pending in the High Court; and\n(c) encourage the settlement of disputes by way of negotiations, arbitration and conciliation between the parties thereto.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "8",
            "title": "8. Functions of the Secretary.",
            "chapter": null,
            "content": "(ii) The Secretary shall maintain or cause to be maintained the true and proper accounts of the receipt and disbursement of the funds of the Committee.\n(iii) The Secretary shall convene meeting of the Committee with the previous approval of the Chairman and shall also attend meeting and shall be responsible for recording of minutes of such proceedings of the meetings separately.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "9",
            "title": "9. Meeting of the Committee.",
            "chapter": null,
            "content": "(ii) The Chairman, and in the absence of the Chairman a person nominated by the Chairman, shall preside over the meeting of the Committee.\n(iii) The procedure and agenda at any meeting of the Committee shall be such as the Chairman so directs.\n(iv) The minutes of the proceedings of each meeting shall be maintained by the Secretary and such minutes shall be open to inspection at all reasonable times by the Members of the Committee. A copy of the minutes shall as soon as may be after the meeting, be forwarded to the State Authority within ten days.\n(v) The quorum for the meetings shall not be less than one third of the existing members, including the Chairman or the Member presiding over the meeting.\n(vi) All the matters relating to agenda of the meeting of the Committee shall be decided by a simple majority of the members so present and voting. And in case of a tie the person presiding shall have the casting vote.\n(vii) Matters not included in the agenda shall not be allowed to be raised unless the Chairman or any other Member presiding over the meeting, so permits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "10",
            "title": "10. Fund, Accounts and Audit.",
            "chapter": null,
            "content": "(ii) The Funds of the Committee shall be maintained in a Scheduled Bank under the signature of the Secretary of the respective Committee.\n(iii) For the purpose of incidental charges, such as, stamps and expenditure necessary, an adequate amount of permanent advance of not less than two thousand rupees shall be placed at the disposal of the Secretary of the respective Committee.\n(iv) All expenditure on Legal Services necessary for carrying out the various functions of the Committee, shall be met out of the Funds of the Committee. Secretary shall operate the accounts of the Committee in accordance with the directions of the Chairman.\n(v) The Secretary of the Committee shall keep and maintain true and correct account of all receipts and disbursements and furnish quarterly return to the State Authority. Such accounts shall be audited in accordance with provisions of Section 18 of the Act.\nChapter III\nDistrict Legal Services Authority and Taluk Legal Services Committee",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "11",
            "title": "11. Functions of District Legal Services Authority.",
            "chapter": null,
            "content": "(ii) Without prejudice to the generality of the functions referred to in sub-regulation (1), the District Authority may perform all or any of the following functions namely-\n(a) Co-ordinate the activities of the Taluk Legal Services Committee and other Legal Services in the District;\n(b) Organise Lok Adalats within the District;\n(c) Encourage the settlement of disputes by way of negotiations, arbitration and conciliation between the parties thereto.\n(iii) (a) hold Legal Literacy camps to promote Legal awareness in the people, specially the Women and Weaker Sections of the society;\n(b) publish/ distribute pamphlets, booklets and other news letters for legal awareness;\n(c) Establish and control para legal clinics to promote legal awareness;\n(d) arrange seminar and workshops to that effect;\n(e) Take appropriate measures for spreading Legal Literacy and Legal Awareness amongst the People in particular to educate the Weaker Sections of the society about their rights, benefits and privileges guaranteed by the Constitution and by Social Welfare Legislations and other enactments as well as administrative programmes and measures, etc;\n(f) make special efforts to enlist the support of voluntary social welfare institutions working at the grassroot level, particularly among the Scheduled Castes and Scheduled Tribes, women, rural and urban labour segments.\n(g) produce video/ documentary films, publicity materials, literature and publications to inform the general public about the various aspects of the Legal Services Programmes.\n(iv) In the discharge of its functions, under this Act, the District Authority shall, wherever appropriate, act in accordance with other Government and non-Governmental institution, Universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the State Authority may give to it in writing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "12",
            "title": "12. Secretary, District Legal Services Authority.",
            "chapter": null,
            "content": "(ii) The Secretary shall be the custodian of all assets, accounts, records and funds placed at the disposal of State Authority.\n(iii) The Secretary shall maintain and cause to be maintained true and the proper account of the receipt and disbursement of the funds of the District Authority under the supervision of the Chairman.\n(iv) The Secretary shall convene meeting of the District Authority with the previous approval of the Chairman and shall also attend meeting, and shall be responsible for maintaining a true and correct record of the minutes of the proceedings of each of such meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "13",
            "title": "13. Meeting of the District Authority.",
            "chapter": null,
            "content": "(ii) The Chairman, and in the absence of the Chairman next senior most Judicial Officer at his headquarters to be nominated by the Chairman, shall preside over the meeting of the District Authority.\n(iii) The agenda and proceedings of the meeting shall be such as the Chairman may determine. The matters not included in the agenda shall not be allowed to be raised unless the Chairman so permits.\n(iv) The minutes of the proceedings of each meeting shall be maintained by the Secretary and such minutes shall be open to inspection at all reasonable times by the Members of the District Authority.\n(v) The quorum for the meeting shall not be less than one third of the existing members, including the Chairman.\n(vi) All questions at the meeting of District Authority shall be decided by a majority of the members present and voting. And in case of tie the person presiding shall have a casting vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "14",
            "title": "14. Funds, Accounts and Audit.",
            "chapter": null,
            "content": "(ii) The Funds of District Authority shall be maintained in a Scheduled Bank approved by the Chairman.\n(iii) For the purpose of meeting the incidental charges an adequate amount of not less than two thousand rupees shall be placed at the disposal of the Secretary of the District Authority under the supervision of the Chairman.\n(iv) All expenditure on Legal Services, including Legal aid and advice as also expenditure necessary for carrying out the various functions of the District Authority shall be met out of the funds of District Authority. The Secretary shall operate the Bank accounts of the District Authority under the supervision of the Chairman.\n(v) The Secretary of the District Authority shall keep and maintain true and correct account of all receipt and disbursement and furnish quarterly return to the State Authority. Such accounts shall be audited in accordance with the provisions of Section 18 of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "15",
            "title": "15. Functions of Taluk Legal Services Committee.",
            "chapter": null,
            "content": "(ii) The Taluk Legal Services Committee may perform all or any of the following functions:-\n(a) Co-ordinate the activities of Legal Services in the Taluk ;\n(b) Organise Lok Adalats in the Taluk ;\n(c) Perform such other functions as the District Authority may assign to it;\n(d) Encourage the settlement of disputes by way of negotiations, arbitration and conciliation between the parties thereto.\n(iii) (a) To hold Legal Literacy camps to promote legal awareness in the society, specially the Women and Weaker Sections of the society;\n(b) Publish/ distribute pamphlets, booklets and other news letters for legal awareness;\n(c) establish and control para Legal Clinic to promote legal awareness;\n(d) to arrange seminars and workshops to that effect;\n(e) take appropriate measures for spreading legal literacy and legal awareness amongst the people in particular to educate Weaker Sections of society about their rights, benefits and privileges guaranteed by the Constitution and by Special Welfare Legislations and other enactments as well as administrative programmes and measures, etc;\n(f) make special efforts to enlist the support of voluntary social welfare institutions working at the grassroot level, particularly among the Scheduled Castes and Scheduled Tribes, women, rural and urban labour.\n(g) to produce publicity materials, literature and publications to inform the general public about the various aspects of Legal Services Programmes.\n(iv) In the discharge of its functions under this Act, the Taluk Legal Services Committee shall, wherever appropriate, act in accordance with other Government and non-Governmental institutions, Universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the State Authority or the District Authority, may give to it in writing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "16",
            "title": "16. Secretary of Taluk Legal Services Committee.",
            "chapter": null,
            "content": "(ii) The Secretary shall be custodian of all assets, accounts, records and Funds placed at the disposal of the Taluk Committee.\n(iii) The Secretary shall maintain true and proper account of the receipt and disbursement of the Funds of the Taluk Committee.\n(iv) The Secretary shall, with the previous approval of the Chairman, convene meeting of the Taluk Committee and shall also attend meeting, and shall be responsible for maintaining the true and correct account of the minutes of the proceedings of each such meetings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "17",
            "title": "17. Meetings of Taluk Committee.",
            "chapter": null,
            "content": "(ii) The Chairman, and in his absence, a person so nominated by the Chairman, shall preside over the meeting of Taluk Committee.\n(iii) The procedure and agenda at the meeting shall be such as the Chairman may determine.\n(iv) The minutes of the proceeding of each meeting shall be maintained by the Secretary and such minutes shall be.open to inspection at all reasonable times by the Members of the Taluk Committee.\n(v) The quorum for the meeting shall not be less than one third of the existing members, including the Chairman or the members present and voting. And in case of a tie the person presiding shall have a casting vote.\n(vii) The matter not included in the agenda shall not be allowed to be raised unless the Chairman or any other member presiding over the meeting, so permits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "18",
            "title": "18. Fund, Accounts and Audit of the Taluk Legal Services Committee.",
            "chapter": null,
            "content": "(ii) The Funds of the Taluk Committee shall be maintained in a Scheduled Bank approved by the Chairman.\n(iii) For the purpose of meeting the incidental charges, an adequate amount of permanent advance of not less than two thousand rupees shall be placed at the disposal of the Secretary of Taluk Committee.\n(iv) All expenditure on Legal Services necessary for carrying out the various functions of the Taluk Committee shall be met out of the funds of the Taluk Committee. The Chairman shall operate the Bank accounts of the Taluk Committee.\n(v) The Secretary of the Taluk Committee shall keep and maintain true and correct account of ail receipts and disbursements and furnish quarterly returns to the State Authority in accordance with the direction of Executive Chairman. The accounts of the Taluk Committee shall be audited in accordance with provisions of Section 18 of the Act.\nChapter IV\nLegal Aid\n19.\n(a) a member of Scheduled Caste or Scheduled Tribe;\n(b) a victim of trafficking in human being or beggar as referred to in Article 23 of the Constitution;\n(c) a women or child below 18 years if a female, and below 16 years if a male;\n(d) a mentally ill or otherwise disabled person;\n(e) a person under circumstances of calamity such as being a victims of a natural disaster ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;\n(f) an industrial workman;\n(g) in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric nursing home within the meaning of clause (o) of Section 2 of Mental Health Act, 1993;\n(h) Notwithstanding the limit of income, the Legal Services Committee or State Authority may grant legal aid;\n(i) in case of great public importance,\n(ii) in a test case, the decision of which is likely to affect cases of numerous other persons belonging to the weaker sections of the community, or\n(iii) in any case, which for reason to be recorded in writing, is considered by the Chairman to be deserving of legal aid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "20",
            "title": "20. Mode of Legal Aid.",
            "chapter": null,
            "content": "(a) [Except the court fee] Process fees and all other charges payable or incurred in connection with any legal proceeding;\n(b) representation by a legal practitioner in a legal proceeding;\n(c) obtaining of certified copy of orders and other documents in the legal proceedings;\n(d) preparation of paper book, including printing and translation of documents in the legal proceedings;\n(e) any other expense which Chairman of Legal Services Committee, or District authority deem fit to grant in special circumstances of a given case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "21",
            "title": "21. Legal Aid not to be given in certain cases.",
            "chapter": null,
            "content": "(i) Proceedings wholly or party in respect of:-\n(a) defamation;\n(b) malicious prosecution;\n(c) a person charged with contempt of court in the proceedings;\n(ii) Proceeding relating to any election,\n(iii) Proceedings incidental to any proceeding referred to in item (i) and (ii) above;\n(iv) Proceedings in respect of offences punishable with fine only not exceeding Rs. 1000/-;\n(v) Proceedings in respect of economic offences and offences against social welfare laws or pertaining to moral turpitude;\n(vi) Where a person seeking legal aid-\n(a) is concerned with the proceeding only in official capacity; or\n(b) is a formal party to the proceeding and is not materially concerned in the outcome of the proceedings and his interest is not likely to be prejudiced on account of the absence of proper representation:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "22",
            "title": "22. Application for legal aid or advice.",
            "chapter": null,
            "content": "(ii) An affidavit shall accompany the application for Legal Aid, which shall be regarded as sufficient to decide the eligibility for legal aid, unless the concerned District Authority/ Committee has reason to disbelieve such an affidavit.\n(iii) The District Authority/ Committee shall maintain register of application wherein all applications for legal aid and advice shall be entered and the action taken on such application shall be noted against the entry relating to such application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "23",
            "title": "23. Disposal of applications.",
            "chapter": null,
            "content": "(ii) The District Authority/ Committee, to which application is made shall consider the application and decide eligibility of the application and its decision to provide or refuse legal aid, shall be final.\n(iii) Where it is decided not to grant legal aid to an applicant, the reasons for not doing so shall be entered in the Register of application maintained by the District Authority/ Committee and information in writing to that effect shall be communicated to the applicant.\n(iv) No application for legal aid or advice shall be allowed if the District Authority/ Committee is satisfied that-\n(a) the applicant has knowingly made, false statement or furnish false information regarding case or his means or place of residence; or\n(b) in the case of contemplated Civil, Criminal or Revenue or any other matter proposed to be initiated in a court of Law, there is no prima facie case to initiate such proceedings; or\n(c) the applicant is not entitled to the same under Regulation-19 or any other provision of law or the Act and the Rules framed thereunder; or\n(d) having regard to all the circumstances of the case it is not otherwise just and reasonable to grant it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "24",
            "title": "24. Certificate of Eligibility.",
            "chapter": null,
            "content": "(ii) The Certificate of Eligibility shall entitle the applicant to such legal aid as specified therein.\n(iii) The Certificate of Eligibility shall stand cancelled if the legal aid is withdrawn and the lawyer to whom the case of the applicant is assigned, as also the court before which the case is pending, shall be informed accordingly in writing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "25",
            "title": "25. Honorarium payable to Legal Practitioner on the Panel.",
            "chapter": null,
            "content": "(ii) (a) In the first instance endeavour shall be made to arrange services of legal practitioner without payment of any fee. If such services can not be so arranged, the concerned Committee/ District Authority may pay the fee at the following rate to a counsel for working in the following courts and class of cases:-\n(A)\nHigh Court\nHigh Court\nWrit petition\n...\nRs. 750/-\nL.P.A.\n...\nRs. 750/-\nSecond Appeal\n...\nRs. 750/-\nFirst Appeal\n...\nRs. 1000/-\nCivil Misc. Appeal\n...\nRs. 500/-\nCr. Revision and Appeal\n...\nRs. 500/-\nCivil Revision\n...\nRs. 500/-\n(B)\nDistrict Court\nDistrict Court\nSuit before Sub-Judge\n...\nRs. 750/-\nOriginal Petitions before Sub-Judge or District Judge.\n...\nRs. 500/-\nCriminal cases before Asst. Sessions Judge or Sessions Judge.\n...\nRs. 500/-\nIn hostile cases\n...\nRs. 250/-\n(C)\nSub-Divisional Courts\nSub-Divisional Courts\nCriminal case including Maintenance case.\n...\nRs. 500/-\nCivil Suit\n...\nRs. 500/-\nBail petition if counsel not paid fee in main case.\n...\nRs. 100/-\n(D)\nCases before Collector/Additional Collector, other\n\t\t\t\tcourts of the same rank including Courts of settlement officers\n\t\t\t\thearing cases relating to survey cases.\nCases before Collector/Additional Collector,\n...\nRs. 750/-\n(E)\nCases before SDM, Executive Magistrate, LRDC &\n\t\t\t\tother courts of the same nature and rank in Sub-Divisions.\nCases before SDM, Executive Magistrate,\n...\nRs. 500/-\n(b) in any case, for reasons to be recorded in writing, it is considered by the Chairman to be of such nature/ importance requiring payment of higher fees to the legal practitioner, may pay the higher fee as it deems fit;\n(iii) Fees payable under Sub-Regulation (ii) shall be paid in two instalments, as under:-\n(a) ⅓rd of the fee on engagement of the legal practitioner after first hearing of the case\n(b) the remaining ⅔rd fee after final decision of the case.\n(iv) Such legal practitioner to whom any case is assigned either for legal advice or for legal aid shall not receive any fee or remuneration, whether in cash or in kind or any other advantage, monetary or otherwise, from such person or from any other person on his behalf and he shall submit a certificate to that effect.\n(v) Such legal practitioner on the panel, who has completed his assignment, shall submit a statement/ showing the fee due to him in connection with the legal proceeding conducted by him on behalf of such person, to the Secretary of the District Authority/ Committee who shall, after due scrutiny obtain sanction of the Chairman. And on such sanction being given, the remaining amount shall be paid by the Secretary to the legal practitioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "26",
            "title": "26. Duty of aided person.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "27",
            "title": "27. Cancellation of Certificate of Eligibility.",
            "chapter": null,
            "content": "(a) in the event of being found that such person was possessed of sufficient means or Certificate of Eligibility was obtained by misrepresentation or fraud;\n(b) in the event of any misconduct, misdemeanour or negligence on the part of such person in the course of receiving legal aid;\n(c) in the event of such person not co-operating with the District Authority/ Committee or with the legal practitioner so assigned by the Committee/ District Authority;\n(d) in the event of such person engaging a legal practitioner other than the one assigned by the Committee/ District Authority;\n(e) in the event of death of such person except in the case where such proceeding survives through his legal representative:\nChapter V\nLok Adalat",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "28",
            "title": "28. Procedure for organising Lok Adalat.",
            "chapter": null,
            "content": "(ii) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of Taluk Legal Services Committee, as the case may be, shall organise Lok Adalat at least once in every month and as soon as sufficient number of cases referred to it under Section 20 of the Act or otherwise are available for being taken up.\n(iii) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of Taluk Legal Services Committee, as the case may be, shall be free to organise special Lok Adalat for any specific kind of cases available for being taken up.\n(iv) The members of the legal profession, college students, members of legal clinic, social organisations, charitable and philanthropic institutions and other similar organisations may be associated in the Lok Adalats.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "29",
            "title": "29. Intimation to the State Authority.",
            "chapter": null,
            "content": "(i) The place, date and time at which Lok Adalat is proposed to be organised;\n(ii) Categories and nature of cases, viz, pending cases or pre-litigation disputes, or both, proposed to be placed before the Lok Adalat ;\n(iii) Number of cases proposed to be brought before the Lok Adalats ;\n(iv) Any other information relevant to the convening and organising of the Lok Adalat .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "30",
            "title": "30. Composition of Lok Adalat at High Court Level.",
            "chapter": null,
            "content": "(a) Member of legal professions;\n(b) Social worker;\n(c) Person of repute interested in legal services Schemes; and\n(d) Representative of voluntary social organisations.\n(a) Member of legal professions;\n(b) Social worker;\n(c) Person of repute interested in legal services Schemes;\n(d) Representative of voluntary social organisations.\n(a) Member of legal professions;\n(b) Social worker;\n(c) Person of repute interested in legal services Schemes;\n(d) Representative of voluntary social organisations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "31",
            "title": "31. Organisation of Lok Adalat.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "32",
            "title": "32. Reference of cases to Lok Adalat.",
            "chapter": null,
            "content": "(a) the parties thereof agree,\n(b) one of the parties thereof makes an application to the court for referring his case to the Lok Adalat for settlement and if such court is prima facie satisfied that there is fair chance of settlement; or\n(c) the court is otherwise satisfied that the matter is, appropriate one to be taken cognizance by the Lok Adalat .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "33",
            "title": "33. Lok Adalat at the Pre-litigation stage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "34",
            "title": "34. Functions of the Lok Adalat.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "35",
            "title": "35. Procedure for effecting compromise or settlement at Lok Adalat.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "36",
            "title": "36. Award to be categorical and Lucid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "37",
            "title": "37. Compilation of results.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "38",
            "title": "38. Maintenance of Panel of Lok Adalat Judges.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "39",
            "title": "39. Honorarium to Members of Lok Adalat.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "20",
            "title": "40. Procedure for maintaining record of cases referred to Lok Adalat under Section 20 of the Act or otherwise.",
            "chapter": null,
            "content": "(i) date of receipt,\n(ii) nature of the case,\n(iii) name and address of the parties,\n(iv) such other particulars as may be deemed necessary,\n(v) Result of the settlement with date,\n(vi) date or returning the case, record of the concerned court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "41",
            "title": "41. Miscellaneous.",
            "chapter": null,
            "content": "Chapter VI\nFunds and Accounts\n42.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "43",
            "title": "43. Maintenance of Accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "44",
            "title": "44. Allotment of special Grants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "45",
            "title": "45. Maintenance of Accounts, etc.",
            "chapter": null,
            "content": "Chapter VII\nLegal Literacy",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "46",
            "title": "46. Legal Awareness Committee.",
            "chapter": null,
            "content": "(i)\nChairman of Patna High Court Legal Services Committee.\nChairman\n(ii)\nSecretary of Patna High Court Legal Services Committee.\nSecretary\n(iii)\nPresident, Patna High Court Bar Association.\nMember\n(iv)\nDirector of Social Welfare Department of Bihar, Patna\nMember\n(a) an eminent social worker who is engaged in the upliftment of the weaker sections of the people, including SC, ST, Women, Children, rural and urban labour, or\n(b) an eminent person in the field of law, or\n(c) a person of repute who is specially interested in the implementation of Legal Awareness Schemes; or\n(d) a person who is involved or was involved in educational field;\n(e) law students who are involved in the scheme envisaged by the Act, Rules and the Regulation thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "47",
            "title": "47. Term of office and other conditions of appointment of High Court Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) All Members nominated under sub-regulation (5) of Regulation 47 shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meeting, camps held by the High Court Legal Awareness Committee and shall be paid at such rates as may be admissible to a Class I officer while travelling on official duty or as may be prescribed by State Legal Services Authority.\n(iii) If a member is a Government employee, he shall be entitled to draw the T.A. and D.A. at the rates to which he is entitled under the Service Rules applicable to him and shall draw from the department in which he is employed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "48",
            "title": "48. Functions of High Court Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) Without prejudice to the generality of the functions referred in sub-regulation (i), the High Court Legal Awareness Committee shell, for the High Court perform all or any of the following functions:-\n(a) hold legal literacy camps to promote legal awareness in the society, specially among the women and weaker sections of society;\n(b) publish/ distribute pamphlets, booklets and other news letters for legal awareness;\n(c) establish and control para-legal clinics to promote legal awareness;\n(d) to arrange seminars and workshops to that effect,\n(e) to take appropriate measures for spreading legal literacy and legal awareness amongst the people, in particular to educate weaker sections of society about their rights, benefits and privileges guaranteed by the Constitution and by Social Welfare Legislation and other enactments as well as administrative programmes and measures, etc.\n(f) to make special efforts to enlist the support of voluntary social welfare institutions working at the grass-root-level, particularly among the SC, ST, Women, rural and urban labour segments.\n(g) to produce publicity materials and literature to inform general public about various aspects of Legal Services Programmes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "49",
            "title": "49. Functions of Secretary.",
            "chapter": null,
            "content": "(ii) The Secretary shall maintain true and proper accounts of the receipts and disbursement of the Fund of the Committee.\n(iii) The Secretary shall convene meeting of the Committee/ Legal literacy camps 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "50",
            "title": "50. Meeting of the Committee.",
            "chapter": null,
            "content": "(ii) The Chairman, and in his absence, a person nominated by him shall preside at the meeting of the Committee.\n(iii) The procedure at any meeting of the Committee shall be such as the Chairman may determine.\n(iv) The minutes of the proceedings of each meeting shall be maintained by the Secretary, which shall be open to inspection at all reasonable times by the Members of the Committee. A copy of the minutes shall be forwarded to State Authority.\n(v) The quorum for the meeting shall be not less than one third of the existing members, including the Chairman or the member presiding over the meeting.\n(vi) All questions at the meeting shall be decided by a majority of the members present and voting. And in case of a tie, the person presiding shall have a casting vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "51",
            "title": "51. District legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) The District Legal Awareness Committee shall have eleven members including Chairman.\n(iii) The following shall be ex officio members of the District Legal Awareness Committee:-\n(i)\nThe District Judge of the Concerned District.\nChairman\n(ii)\nPresident of District Bar Association.\nMember\n(iii)\nChief Judicial Magistrate of the District.\nSecretary\n(iv)\nDistrict Social Welfare Officer.\nMember\n(v)\nPublic Relation Officer\nMember\n(iv) The Chairman of District Legal Awareness Committee may nominate other members (not more than six ) from among the persons possessing the experience and qualifications prescribed in sub-regulation (6) of Regulation 47 which shall include at least one member each from SC, ST and Women.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "52",
            "title": "52. Term of Office and other conditions of appointment of the District Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) Subject to the provisions of sub-regulation (III) the members of the Committee shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meeting/ Camp held by the District Legal Awareness Committee and shall be paid by the District Legal Services Committee at such rates admissible to the class two officer of the State Government, or as may be prescribed by State Legal Services Authority.\n(iii) Without prejudice to the generality of the functions referred to in sub-regulation (i) above, the District Legal Awareness Committee shall perform, for that district all or any of the functions enumerated in sub-regulation (iii) of Regulation 49 hereinbefore mentioned for High Court Legal Awareness Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "53",
            "title": "53. Functions of the District Legal Awareness Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "54",
            "title": "54. Meetings of the Committee.",
            "chapter": null,
            "content": "(ii) The Chairman, and in his absence, a person nominated by him shall preside at the meeting of the Committee.\n(iii) The procedure at any meeting of the Committee shall be such as the Chairman may determine.\n(iv) The minutes of the proceedings of each meeting shall be maintained by the Secretary and such minutes shall be open to inspection at all reasonable times by the Members of the Committee. A copy of the minutes shall be forwarded to State Authority with fifteen days of the meeting.\n(v) the quorum for the meeting shall be not less than one third of the existing members, including the Chairman of the member presiding over the meeting.\n(vi) All questions at the meeting shall be decided by a majority of the members present and voting. And in case of a tie, the person presiding shall have a casting vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "55",
            "title": "55. Taluk Legal Awareness Committee-Constitution of Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) The Taluk Legal Awareness Committee shall have nine members including Chairman.\n(iii) The following shall be ex-officio members of the Taluk Legal Awareness Committee:-\n(i)\nThe Senior most Judicial Officer of the Concerned Taluk.\nChairman\n(ii)\nPresident of Bar Association.\nMember\n(iii)\nSub-divisional Magistrate\nMember\n(iv) The Chairman of Taluk Legal Awareness Committee shall nominate, in consultation with the Chairman District Legal Awareness Committee, other members (not more than six ) from amongst those possessing the experience and qualifications prescribed in sub-regulation (6) Regulation 47 which shall included one member each from SC and ST.\n(v) A person shall not be qualified for nomination as member of the Taluk Legal Awareness Committee unless he is:-\n(a) an eminent social worker who is, engaged in the upliftment of the weaker sections of the society including Schedule Castes, Scheduled Tribes, women, children, rural and urban labour segment;\n(b) an eminent person in the field of Law,\n(c) a person of repute who is specially interested in the implementation of Legal Awareness Schemes,\n(d) a person who is involved or was involved in educational field,\n(e) Law students.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "56",
            "title": "56. Term of office and other Conditions of appointment of Taluk Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) Subject to the provisions of sub-regulation (III) the members of the Committee shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meeting/ Camp held by Taluk Legal Awareness Committee and shall be paid by Taluk Legal Services Committee at such rates as may be admissible to class two employment while travelling on official duty or as may be prescribed by the State Legal Services Authority.\n(iii) If a Member is a Government employee, he shall be entitled to draw the travelling allowance and daily allowance at the rates to which he is entitled under the service rules applicable to him and shall draw from the department in which he is employed.\n(iv) Any other Judicial Officer posted in the concerned Taluk (sub-division) and nominated by the District Judge of the District within which that Taluk exists, shall be the Secretary of the Taluk Legal Awareness Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "57",
            "title": "57. Functions of Taluk Legal Awareness Committee.",
            "chapter": null,
            "content": "(ii) Without prejudice to the generality of the functions referred to in sub-regulation (i) above, the Taluk Legal Awareness Committee shall perform, for that Taluk, all or any of the functions, enumerated in Regulation 48 hereinbefore mentioned for the High Court Legal Awareness Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "58",
            "title": "58. Meeting of the Committee.",
            "chapter": null,
            "content": "(ii) The Chairman, and in his absence, a person authorised by him shall preside over meeting or the Committee.\n(iii) The procedure at the meeting shall be such as determined by the Chairman.\n(iv) The minutes of the proceedings of each meeting shall be maintained by the Secretary and such minutes shall be open to inspection at all reasonable times by the Member of the Committee. A copy of the minutes shall be forwarded to the District Authority within fifteen days of the meeting.\n(v) The quorum for the meeting shall be not less than one third of the existing members including Chairman or the person presiding over the meeting.\n(vi) All questions at the meeting shall be decided by majority of the members present and attending. And in case of a tie, the person presiding shall have a casting vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "59",
            "title": "59. Procedure for organising Legal Literacy Camp.",
            "chapter": null,
            "content": "(ii) The members of the legal profession, College students, social organisations, charitable and philanthropic institutions should be associated with such Legal Literacy Camps.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "60",
            "title": "60. Intimation to State Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "61",
            "title": "61. Protection of Action taken in good faith.",
            "chapter": null,
            "content": "Schedule-'A'\n( See Regulation 20)\nApplication for Grant of Legal Aid\nSignature of the applicant\nVerification\nSchedule-'B'\n( See Regulation 22)\nOffice of the Legal Services Authority Committee\nOffice of the Legal Services Authority Committee\nCertificate\nCertificate\nChairman/ Secretary,\nLegal Services Authority/ Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        }
    ],
    "metadata": {
        "Act ID": "bh425",
        "Act Number": "Bihar State Legal Services Authority Notification No. 186, dated 15th March, 2001",
        "Enactment Date": "",
        "Act Year": "1998",
        "Short Title": "Bihar State Legal Services Authority, Regulation, 1998",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}